Legal Question in Landlord & Tenant Law in Georgia

My old landlord won't give me back my full deposit. He's deducting additional cleaning (the lease says the deposit of $825 will be returned less $100 for professional cleaning but does not state what that is. And I did clean it! )

and charging for repainting the bathroom. The responsibility of painting back the bathroom was not discussed when given verbal and written approval to paint. Also, there was no Move in Inspection.

Is he in violation?

Lease Terms:

Term. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term beginning on June 15, 2012, and ending July 15, 2013.

Damage Deposit. Upon the due execution of the Agreement, Tenant shall deposit the Landlord the sum of Eight Hudnred Tweny Five Dollard ($825) receipt of which is herby acknowledged by Landlord, as security for any damage caused to the Premises or Property listed in �Addendum A� during the term herof. Such deposit shall be returned to Tenant, without interest less the sum of One Hundred Dollard ($100) for professional cleaning, and less any set off for damages to the Premises within thirty (30) days of termination of this Agreement.

Condition of Premises. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean, and tenantable condition.

Alterations and Improvements. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of the is Agreement.

Early Termination. Provided Tenant is not in default hereunder at the time of giving notice, Tenant has strictly complies with all the provisions of this paragraph, and termination is as of the last day of a calendar month, Tenant may terminate this Lease before the expiration of the term of the Lease by giving Landlord no less than thirty days notice on or before the day rent is due as shown in the rent section above; plus paying all monies due through date of termination; plus return of Premises in a professionally cleaned and ready to rent condition. Tenant agrees that Landlord may terminate the lease prior to the lease expiration date and Tenant agrees to vacate the property give that Landlord provides thirty (30) days written notice to vacate. Tenant agrees to pay rent through the thirty (30) day notice period.

Email 1:

I�ve completed the walk thru and will be issuing a refund check for you of $325 based on the breakdown below. Note, the $100 standard cleaning fee is for a company to come in and do baseboards, dusting of fans, mopping, and steam cleaning carpet (items above and beyond what would be expected of a tenant). It doesn�t include cleaning bathroom floors, toilets, stoves, sweeping, vacuuming, etc.

Also, there is a deduction for the bathroom paint. We�d discussed you running the color by me prior to making any change. The blue isn�t in keeping with the rest of the unit so will have to be changed to something more neutral prior to renting or sale. There are also spots where the paint was over brushed onto the shower walls and trim so that will need to be corrected.

$825 � Deposit

- $100 standard cleaning � (includes baseboards, ceiling fans, steam carpet, mop floors)

- $100 additional cleaning � (hair on bathroom floor and shower, blood (appears to be) on bathroom cabinet, sweeping of den/kitchen, vacuum of bedroom, stove cleaning)

- $300 bathroom repaint and strip of over paint.

Email 2:

I reread below and should probably clarify (elaborate on) the sentence regarding bathroom painting since there were actually two conversations. What I intended to say is �when� we discussed the color change prior to making it the understanding was that you intended to be a long term tenant and had a desire to make the condo more your own. Since there is such a short turn around, I�ll have to paint the color back to something more neutral.

Sorry if that was confusing in the way it was worded.

Bathroom paint email correspondence:

Me: Also, I want to paint the bathroom the following paint color. Behr Ocean View 560D-5. http://www.behr.com/Behr/home# Is this good with you?

Landlord: Wow. You're good. Pretty color. Knock yourself out!

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