Travelers Ins

Co. v. Linn, 235 Ga. App. 641, 510 S.E.2d 139 (1998). Failure to provide defect list works forfei- 844 ture. — In an insurer’s subrogation action against a tenant who had negligently caused damage to a home, the landlord’s failure to provide the tenant with a list of existing defects and damages to the home as required by O.C.G.A. § 44-7-33 worked a forfeiture of the insurer’s right to recover damages. State Farm Fire & Cas. Co. v. Bajalia, 216 Ga. App. 707, 456 S.E.2d 77 (1995). Landlord’s liability for triple damages. — Since the landlord was not required to return the security deposit lawfully withheld for nonpayment of rent, the landlord was not liable under subsection (c) of Ga. L. 1976, p. 1372, § 6 (see O.C.G.A. § 44-7-35) or three times the amount of the security deposit, as that is a sanction imposed if security deposits are not returned when there are no damages to the premises, unpaid rent, or other charges for which the deposit may be lawfully retained. Kimber v. Towne Hills Dev. Co., 156 Ga. App. 401, 274 S.E.2d 620 (1980). Trial court properly awarded treble damages and attorney fees since the court apparently determined that landlords improperly withheld $305 of tenant’s $450 security deposit and the court apparently allowed the landlords to retain $145 of the tenant’s security deposit as rent owing to the landlords. Pleasant v. Luther, 195 Ga. App. 889, 395 S.E.2d 79 (1990). Tenant’s retention of an uncashed security deposit check from the landlord for a period of approximately two weeks pending a scheduled trial date did not manifest an acceptance of it in satisfaction of the tenant’s claim for treble damages since the tenant 44-7-36 did not acknowledge receipt and retention of the check and had promptly indicated the tenant’s rejection of the settlement offer by filing an objection to proposed dismissal of the case. Mehavier v. Tahamtan, 198 Ga. App. 807, 403 S.E.2d 92 (1991). Evidence as to reasonable attorney’s fees required. — By filing a motion requesting the court to award attorney fees under O.C.G.A. § 44-7-35, defendant waived defendant’s right to a jury trial on this issue; but since it was clear from the trial court’s order that the court failed to hear any evidence on this issue, the court was directed to hear evidence as to reasonable attorney fees. Jackson v. Patton, 157 Ga. App. 410, 277 S.E.2d 769 (1981). Attorney’s fees denied if proof was inadequate. — Denial of attorney fees in the case of an award of damages due to a landlord’s failure to return a tenant’s security deposit was appropriate since the evidence was inadequate to show what portion of the fees was allocable to the damages award. Augusta Tennis Club, Inc. v. Leger, 186 Ga. App. 440, 367 S.E.2d 263 (1988). Attorney’s fees properly awarded. — In a suit for return of a security deposit, the jury’s award of treble damages to the tenant made clear the jury’s finding of intentional withholding and, thus, the trial court could not deny the tenant an award of attorney’s fees. Preece v. Turman Realty Co., 228 Ga. App. 609, 492 S.E.2d 342 (1997). Cited in Chrietzberg v. Kristopher Woods, Ltd., 162 Ga. App. 517, 292 S.E.2d 100 (1982); McKay v. Nally, 173 Ga. App. 372, 326 S.E.2d 560 (1985).