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'We tried to deal with this outside of court... we will now be suing': Property manager tells tenants not to worry over $200 payment, gets sued for entire security deposit

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    Cheezburger Image 9900771584
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    Try to steal our $400 security deposit by being a ? Fine, now you can pay us $1300. So this story takes place like five years ago, when my husband and I were broke college students with a young baby. We worked hard to afford our little duplex ($600/month) and necessities, while trying to finish our degrees to one day get ahead. Our duplex was one in an entire neighborhood owned by a large company and managed by a super sketchy married couple who lived on the same street.
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    Before our kid was born we did the normal excited-new-parent thing of painting his nursery and decorating, blah blah. Our lease stated we needed permission to paint, which we obtained from the property manager (the husband of the couple). He insisted it would be fine and, being young and naïve, we didn't get it in writing because he was so chill about it. So we paint and move on with our lives.
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    A little while later our lease was up and we had given notice to vacate as we were moving closer to my husband's school. The property manager was understanding, everything was fine, and we scheduled our move-out inspection. Prior to this inspection, we specifically asked him for the name of the paint color we needed to use when re-painting the nursery. He flat-out refused to give it, saying it was unnecessary to paint as we'd been there so long they'd be painting the whole duplex anyway. Okay, c
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    Move-out inspection day comes and goes. We left the house in better shape than we found it, aside from a small area of torn carpet right along a seam in a doorway. The property manager inspected and said everything looked "great" and we should get our whole deposit ($400) back minus "a few bucks" for the torn carpet. Sounds good, boss.
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    Enter a period of weeks where we waited and waited for our deposit, eventually leaving messages upon messages with false promises or no return calls at all. Eventually, over a month later, this culminated in a phone call with the property manager where he said, and I remember this almost verbatim, "I don't know what you're so worried about anyway! It's only like $200 you're getting back!" He cited the painted nursery and "the huge mess left behind" as deductions, and I coldly informed him we'd b
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    Not one hour later, he called back and miraculously our refund check had "just shown up in the mail!” Already knowing he was trying to us, we installed a recording app on my phone (one-party consent state) and went to the office. The check indeed was only for $200 of our deposit, and included no list of what they charged us for (important detail). We intentionally goaded him into admitting that he had told us not to paint and that the house looked great on move-out, and went on our happy way, re
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    The CEO sent back a smartass email with a cute little typed-up list of deductions, including all the things we were specifically told we wouldn't be on the hook for. A fun detail was that even by his own math they owed us $230 of our deposit. No one really had an answer for why they then tried to issue a check for $200... but whatever.
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    Joke was on him, because we began digging through all the state regulations on security deposits and refunds, hoping to prove that our length of stay meant he couldn't charge us for "wear-and-tear" things like carpet cleaning, etc. And in our search, we instead happened upon a statute requiring landlords to return security deposit refunds and an itemized list of deductions within 30 days... or lose the right to withhold for actual damages and be subject to treble damages if the landlord is thoug
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    So we typed up a demand letter for our entire security deposit, citing the statute (which he had broken because we didn't receive any refund offer or itemized list until six weekends later). And when he sent a smartass reply, we filed in small claims court for our entire deposit plus treble damages and court costs.
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    Now, I don't know if it's clear at this point, but I can be really petty if I feel like someone is trying to I with me. And it was clear this guy made a career out of stealing money from low-income renters who likely could never afford to fight it. I was
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    I spent the next month before our court date compiling all email correspondence (in which he'd himself over numerous times by providing written documentation that he exceeded time limits, charged incorrect amounts, etc.). I also compiled phone records showing dozens upon dozens of unanswered and unreturned calls to the property manager and detailed accounts I'd made immediately after hanging up of lies from the property manager. I printed out a
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    screenshot from the company's own website detailing the CEO's role as the "Legal Advisor" (so I could innocently claim, "shouldn't he have known the statutes for these issues?"). I printed all the relevant statutes and highlighted the important parts. And then I made three copies of everything and nicely compiled each in a binder complete with sleeve protectors and page numbers one for our own reference, one for the property manager and/or CEO (we weren't sure who would show up), and one for the
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    Needless to say the judge laughed at how prepared we were, asked if we were law students, and then awarded us treble damages and court fees as well as interest. I will never forget the CEO's face when we looked over and smiled at him. emails and All his disregard for the law were on the table and, rather than giving us the original $350 or so we were promised from our deposit, he ended up paying us over $1300 a month later. It was glorious.
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    OH EDIT: I completely forgot until my husband and I were just laughing hysterically about this, but the CEO also filed his response to our suit with a counterclaim for "$1225 for expenses incurred as a result of the actions of plaintiff." He never really said how he got to that number. But in his last email before we sued, he did say, "I hope we can avoid litigation in this matter, but we will engage aggressively if forced to do so." Lol. I wasn't sure if people would love this story as much as
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    Here's the email! See below for the transcript.

    April 24, 2014 Mr This afternoon, we will be filing a case in small claims court against the corporation you represent, By not returning our security deposit within 30 days of the end of the lease, without providing an itemized list of deductions within the same time period, you have violated GA Code § 44-7-34. Per O.C.G.A. § 44-7-35, you thereby forfeit any right to withhold any portion of the security deposit. Additionally, we are entitled to sue for up to three times the amount illegally with

    Mr [redacted]

    This afternoon, we will be filing a case in small claims court against the corporation you represent, [redacted]. 

    By not returning our security deposit within 30 days of the end of the lease, without providing an itemized list of deductions within the same time period, you have violated GA Code § 44-7-34. Per O.C.G.A. § 44-7-35, you thereby forfeit any right to withhold any portion of the security deposit. Additionally, we are entitled to sue for up to three times the amount illegally withheld, unless you can show by a preponderance of the evidence that this was an accident. Our phone records showing well over a dozen unreturned phone calls, the fact that the check was not dated until the 6th of April (7 days after the 30-day deadline), the fact that the check was not made available to us until the 16th of April (17 days after the deadline), as well as the fact that your company deducted $200 from the deposit despite having only $170 in documented damages show quite clearly that this was not an honest mistake. 

    We tried to deal with this outside of court, and we asked for only $382. Because of your failure to meet our reasonable requests, despite your obvious violation of the law, we will now be suing for

    $1,425 ($400 security deposit +$75 refundable pet deposit *3) 

    Plus $18.91 for certified letter costs 

    Plus interest on the amount owed (determined by date of judgment) 

    Plus cost of legal process (estimated $85) 

    We tried to settle this amicably, and for a small amount. Now we will settle this legally, and for the maximum amount allowable by law. 

    We have no desire to settle outside court for any amount less than $1,425 plus all costs already incurred. There is no need for you to contact us. 

    Sincerely, [redacted]

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    76rf422gh90. There is no need for you to contact us. My favorite part of the whole thing. Savage. 222 Reply Share might-as-well OP. I agree, in retrospect I think that is my favorite line! Such a perfect final sentence.
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    mysteresc You can't see me, but I am giving you a standing ovation right now.
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    blotrealistic YES. landlords who try to pull one over on young tenants
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    V-838 Well Done! Love to see Justice working.

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