Legal Question in Landlord & Tenant Law in Georgia

I have lived in an apartment for 3 years. There is normal wear and tear in the carpet but it does not look too bad. A walk through was conducted in my presence and I agreed to $310 in cleaning and repairs in the apartment. The statement I signed indicated that the carpet was "dirty in high traffic areas." There was a second walkthrough conducted without me being asked to attend. I called the complex today to see when I could expect to see my letter in the mail so I could pay the $310 damages I had agreed to and signed for. The apartment manager informs me that I now owe $2591.87 because they decided they needed to replace all the carpet. She found some pet stains. That was in 2 rooms. In a 957 square foot apartment with lowgrade carpet, this figure seems astronomical to me. Shouldn't there be a depreciation cost for the carpet? And I will have 15 days to come up with the money, which is impossible. I do not know what to do. Any help you can give me would be appreciated.


Asked on 7/06/11, 10:46 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If you lease states that normal wear and tear is permissible, and the landlord charged you for normal wear and tear of the carpet, the landlord has breached the lease (a contract) and you can file for an "injunction" with the court to get a court order preventing the landlord from charging you the higher amount. It can also be argued that you made an oral agreement for $310, which the landlord breached by trying to charge you a higher amount, which would be a breach of contract. If you sit on your rights as a tenant and allow them to charge you the amount, and fail to pay it, the landlord will obtain a judgment against you and there will be little you can do about it at that point. ACT QUICK. If you feel that you cannot handle this on your own, hire a Georgia lawyer IMMEDIATELY to act on your behalf.

Best of luck.*****The above is for informational purpose only and does not create an attorney-client privilege.******

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Answered on 7/06/11, 12:38 pm


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