Re: Documentation for withholding of security deposit

Re: Documentation for withholding of security deposit by MrDan (GA) on April 25, 2016 @21:45

You are correct...

"In any court action brought by a tenant, the landlord bears the burden of proving that his/her withholding of the security deposit or any portion of it was not wrongful".

A landlord should also be aware that a tenant can file any time within their State statue of limitations to claim the landlord unlawfully retained any or all of the tenants security deposit unless their State places an earlier limit. Only a courts judgement determines the final disposition of the security deposit. A landlord may deduct from the tenants security deposit, but must prove they are legally entitled to the deduction.

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Re: Documentation for withholding of security deposit - Landlord Forum thread 344653