Former Wesley Stonecrest Tenant Claims Security Deposit Was Unlawfully Withheld
by Nadia Abbas
Last Updated on January 22, 2019
Whelan v. Wesley Apartment Homes, LLC, et al.
Filed: January 11, 2019 ◆§ 1:19-cv-00235-SCJ
The operating companies of Lithonia, Georgia apartment complex Wesley Stonecrest are staring down a proposed class action that alleges they unlawfully withheld a former tenant’s security deposit on the basis of supposed damage.
Georgia
The operating companies of Lithonia, Georgia apartment complex Wesley Stonecrest are staring down a proposed class action that alleges they unlawfully withheld a former tenant’s security deposit.
The suit, which has been recently removed from state to federal court, was filed by a former tenant who put up a $300 deposit for an apartment rental in June 2013. After terminating his lease in March 2015, the man claims he only received part of his deposit back because his apartment was supposedly damaged. In alleged violation of Georgia law, the man’s landlord supposedly failed to provide him a list of these damages within three days of moving out. The purpose of this list, the complaint explains, is to allow tenants to conduct their own inspections should they dispute any of their landlord’s damage claims.
“[B]y not providing tenants the list of alleged damages done to the premises until after the time tenants have a right to conduct a counter-inspection has already passed, Defendants try to take away tenants’ rights to contest any alleged damages while preserving the Defendants’ ability to take all or part of tenant’s security deposit,” the suit argues.
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