Untitled Deck Flashcards
What must a landlord do with a security deposit under Georgia law?
The landlord must place a security deposit in an escrow account.
What is the time frame for a landlord to inspect the premises after a tenant vacates?
Within three business days after termination of the tenant’s occupancy, or within a reasonable time if the tenant vacates without notifying the landlord.
What must a landlord submit after inspecting the premises?
The landlord must submit a list of damages.
What can a tenant do if they dispute the list of damages?
The tenant may dissent to the disputed items and sue to recover the part of the security deposit that they believe is wrongfully withheld.
Can a landlord withhold a security deposit for ordinary wear and tear?
No, the landlord may not keep the security deposit to cover ordinary wear and tear, provided there was no negligence, accident, or abuse by the tenant.
What are some permissible grounds for a landlord to withhold a security deposit?
The landlord may keep the deposit for nonpayment of rent, abandonment of the premises, nonpayment of utility charges, unpaid pet fees, or actual damages caused by the tenant’s breach.
What are the remedies for a landlord’s noncompliance regarding security deposits?
A landlord who fails to return part of the deposit that must be returned will be liable to the tenant for three times the sum improperly withheld, plus reasonable attorneys’ fees.
What constitutes constructive eviction?
Constructive eviction occurs when the landlord’s breach of duty renders the premises unsuitable for occupancy.
What are the elements of constructive eviction?
1) A breach by the landlord causing substantial interference with the tenant’s rights, 2) the tenant gives notice and the landlord fails to respond, 3) the tenant vacates the property.
What is the landlord’s duty regarding utilities?
It is illegal for a landlord to knowingly and willfully suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding.
What must a landlord do if the property has flooded at least three times in the past five years?
The landlord must notify a prospective tenant in writing of the property’s propensity for flooding before entering a lease agreement.
Can a tenant freely transfer their interest in a lease?
Absent an express restriction in the lease, a tenant may freely transfer their interest in whole or in part.
What is the relationship between an assignee of a leasehold and the landlord?
An assignee of a leasehold and the landlord are in privity of estate, and each is liable to the other on all covenants in the lease that run with the land.
What is the landlord’s tort liability regarding repairs?
If the landlord has a statutory duty to repair, they are liable in tort for injuries resulting from their failure to repair or negligence in making repairs.
What must a plaintiff show to establish a landlord’s breach of duty to repair?
A plaintiff must show that the landlord breached their statutory duty to keep the premises in repair and that the breach was the proximate cause of the injury.
