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State law · Georgia

Georgia security deposit law

How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.

Checked against O.C.G.A. §§ 44-7-30 to 44-7-36 on October 30, 2026 · By Michael

Short answer: Within 30 days after the landlord gets the unit back, the landlord must return the deposit, or send a written statement of the exact reasons for keeping any of it with the balance.

Return deadline30 days
Possible penaltyThree times the amount improperly withheld
Small-claims limit$15,000
Deposit limit2 months' rent

How long does a landlord have to return a security deposit in Georgia?

Return deadline
Within 30 days after the landlord gets the unit back, the landlord must return the deposit, or send a written statement of the exact reasons for keeping any of it with the balance.O.C.G.A. § 44-7-34(a)
Itemized list
The written statement, including the move-out damage list, is due within the same 30 days.O.C.G.A. § 44-7-34(a)
Who these rules cover
Georgia's escrow, damage-list, forfeiture and treble-damages sections (§§ 44-7-31 to 44-7-33 and 44-7-35) do not apply to rental units owned by an individual who, with a spouse and minor children, owns ten or fewer rental units, unless a paid third party manages the units or collects the rent. A company-owned rental is never exempt.O.C.G.A. § 44-7-36

Prefer a full page? Use the security deposit deadline calculator.

What happens if a Georgia landlord misses the deadline?

If the landlord misses it
Missing the statement deadline forfeits the landlord's right to keep any part of the deposit or sue for damage. An individual who owns ten or fewer units and manages them without a paid manager is exempt from this section (O.C.G.A. § 44-7-36).O.C.G.A. § 44-7-35(b)
Penalty
A landlord who wrongly keeps deposit money owes three times the amount improperly withheld, plus reasonable attorney's fees, unless the landlord proves it was an unintentional good-faith error.O.C.G.A. § 44-7-35(c)

What can a Georgia landlord deduct from your deposit?

What can be deducted: Unpaid rent, late fees, abandonment, unpaid utilities, repair or cleaning the tenant contracted for with third parties, unpaid pet fees, and actual damages from the tenant's breach (the landlord must try to mitigate). (O.C.G.A. § 44-7-34(a))

Normal wear and tear: No deposit may be kept to cover ordinary wear and tear, meaning wear from ordinary use without negligence, carelessness, accident or abuse. (O.C.G.A. § 44-7-34(a))

What the itemized list must include: A written statement of the exact reasons for keeping any amount, with the comprehensive damage list when damages are the reason. (O.C.G.A. § 44-7-34(a))

Also: A list of existing damage that the landlord and tenant both signed before move-in is conclusive evidence of the condition it records, except for hidden (latent) defects. (O.C.G.A. § 44-7-33(a))

More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.

Is there a limit on security deposits in Georgia?

For leases entered into or renewed on or after July 1, 2024, a landlord may not demand or receive a deposit of more than two months' rent. (O.C.G.A. § 44-7-30.1)

Deadlines and steps on your side

Georgia also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.

Move-in condition report: Before taking a deposit, the landlord must give a written list of existing damage, and within three business days after move-out must inspect and list any damage (the tenant may inspect within five business days and dissent in writing). A landlord loses the right to keep any of the deposit only if it also failed to keep the deposit in escrow or bonded, and failed to provide both lists. (O.C.G.A. §§ 44-7-33, 44-7-35(a))

Taking a deposit case to small claims court in Georgia

Small-claims limit: Georgia magistrate court hears civil claims up to $15,000 (up to $25,000 for cases filed on or after January 1, 2027). (O.C.G.A. § 15-10-2(a)(5))

Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.

Good to know

  • The landlord meets the deadline by mailing the statement and payment by first-class mail to your last known address.
Sample letterSee a Georgia demand letterCharged for damage already on the move-in list. A full letter the Demand Letter Companion wrote for a fictional tenant, built on these rules.Read the Georgia letter →

What to do if your Georgia landlord kept your deposit

  1. Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
  2. Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
  3. Send a demand letter by certified mail. Ask for the money, cite Georgia's rules, and give a deadline to pay. What a demand letter does.
  4. If they still don't pay, consider small claims court. You don't need a lawyer there.

Get a demand letter built on Georgia's rules

Upload your lease, answer plain questions, and approve a letter that cites Georgia's deposit law. About 20 minutes.

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Not sure yet? Check your case free →

Sources

These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 30, 2026. Laws change; check the current official text before relying on a date.

Other states: see the guides for all 50 states and DC

This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Georgia.