Georgia Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In Georgia, your landlord has 30 days to return your security deposit, along with a written, itemized statement of any deductions. Since July 1, 2024, Georgia also caps security deposits at two months' rent — the "Safe at Home Act" (HB 404) added O.C.G.A. § 44-7-30.1, which says plainly: "No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent." On the back end, a landlord who keeps money they had no right to keep can be liable for three times the sum improperly withheld plus reasonable attorney's fees. These rules live in Georgia's security deposit statute, O.C.G.A. §§ 44-7-30 through 44-7-37, including the new § 44-7-30.1. You can read the signed act yourself: HB 404, the Safe at Home Act (Office of the Governor).

How much can a Georgia landlord charge?

No more than two months' rent. This is a hard statutory ceiling, not a negotiating position — a lease clause charging more does not make the charge lawful, and the state's official handbook notes that a lease saying the landlord "does not have to follow Georgia security deposit law" is itself unlawful. If you are asked for three or four months' rent up front, that is a violation you can point to in writing.

• The one exception: the cap applies to residential leases entered into or renewed on or after July 1, 2024 (SECTION 6 of the Act). An older lease that has never been renewed since that date is outside the cap — but most leases renew, so check your dates before assuming you are stuck.
• Pet deposits, "last month's rent," and similar refundable charges may count as part of the security deposit depending on how the lease is written, which matters for the two-month ceiling. Application fees and fees to hold a unit are generally not security deposits and are usually not refundable.
• Georgia does not require landlords to pay interest on security deposits. Any interest is purely a matter of agreement.

Which landlords must escrow the deposit — the ten-unit line

The escrow and inspection duties turn on one number. A landlord must hold your deposit in a dedicated escrow account (or post a surety bond with the superior court clerk) and tell you in writing where the money is held if the landlord owns more than ten rental units — counting units owned by their spouse and/or children — or uses a management agent. Using a property manager for a fee defeats the exemption no matter how few units the landlord owns.

• Landlords below that line (ten or fewer units, self-managed) are exempt from the escrow and inspection-list rules — but not from the duty to give your deposit back. The return deadline applies to every landlord in Georgia.
• The same more-than-ten-units-or-management-agent test decides whether the triple-damages remedy is available against your landlord. It is the single most useful fact to pin down about your landlord.
• Keep your own dated photos or video at move-in and move-out — this is the most useful evidence if you end up in court.

The inspection lists — and the trap that can cost you the whole claim

If your landlord is above the ten-unit line, a formal inspection process applies at both ends of the tenancy. Before taking your deposit, the landlord must give you a complete written list of existing damage, and you have the right to inspect the unit and check it. After you leave, the landlord must inspect within three business days of the lease terminating and prepare and sign a list of damage with an estimated dollar value for each item. You may inspect within five business days after termination.

• This is the part that costs tenants money: you must either sign the move-out list or state in writing, specifically, each item you disagree with. Under O.C.G.A. § 44-7-33(c), your later court claim is limited to the items you specifically dissented from. Sign the list at the door without writing your objections on it and you can lose the right to contest those deductions at all. Never sign a move-out list you disagree with — write your dissent on it and sign the dissent.
• Two exceptions worth knowing. That forfeiture only bites if the landlord's lists contain written notice of your duty to sign or dissent. And a tenant who was not present for the landlord's move-out inspection, did not inspect afterward, and did not request a copy of the final damage list keeps the right to dispute the damages. If you already signed, do not assume you are finished — read the list for that notice.
• A landlord who fails to provide the required lists and statements on time forfeits the right to withhold any part of the deposit — and the right to sue you for damage to the premises (O.C.G.A. § 44-7-35(b)).

The return deadline and itemized statement

Under O.C.G.A. § 44-7-34, the landlord must return the full deposit within 30 days — and the clock runs from the later of the termination of the lease or the landlord getting the premises back, whichever occurs last. This matters: if you hand back the keys two months before your lease term ends, your 30 days do not start on move-out day. If any amount is kept, the landlord must give you a written statement identifying the exact reasons and the dollar amount, together with a check for the difference.

• Give your landlord a written forwarding address — this one is a deadline, not a courtesy. The landlord complies by mailing the statement and payment to your last known address, even if that is the unit you just vacated. If the letter comes back undelivered and the landlord cannot find you after reasonable effort, the money becomes the landlord's 90 days after it was mailed (§ 44-7-34(a)). Do not let mail sit.
• If the statement seems padded or vague, dispute it in writing and ask for receipts or repair invoices. Repair charges must be reasonable and based on the item's condition when you moved in — an old carpet is charged at its depreciated value, not the price of a new one.

What can (and cannot) be deducted

A landlord may deduct for unpaid rent and late fees, unpaid utilities and pet fees, damage caused by you, your household, your pets, or your guests, and damages from an early termination. A landlord cannot charge you for normal wear and tear.

• Usually deductible: unpaid rent and utilities, holes in walls, broken fixtures, pet damage, stains or burns in carpet, and unusual filth requiring real cleaning.
• Not deductible (normal wear and tear): faded paint, minor scuffs, small nail holes, worn carpet from ordinary walking, and the general aging of the unit.

The penalty for wrongful withholding and how to sue

You do not have to prove your landlord acted in "bad faith." Under O.C.G.A. § 44-7-35(c), a landlord who fails to return a deposit that the statute requires them to return is liable for three times the sum improperly withheld plus reasonable attorney's fees. The burden then shifts to the landlord, who drops to owing only the amount withheld if they prove the withholding was not intentional and resulted from a bona fide error despite procedures reasonably designed to avoid such errors. That is the landlord's defense to raise, not your element to prove.

• Know the limit on this remedy. Per the state's official handbook, the 3x-plus-fees exposure runs against a landlord who owns more than ten units or uses a management agent. A small, self-managed landlord is outside § 44-7-35 — you can still sue for the deposit itself, plus interest on the withheld sum and your filing costs, but do not build a demand around triple damages you cannot get.
• Start with a written demand letter stating the amount owed, your move-out date, and a short deadline to pay. Send it so you can prove delivery, and keep a copy.
• If that fails, sue in Georgia Magistrate Court — the state's small claims court, which hears civil claims of $15,000 or less. File in the county where the landlord resides or where the landlord's designated agent for service resides. Bring your lease, photos, the move-out list with your written dissent, the itemized statement, and your demand letter.
• You generally do not need a lawyer in Magistrate Court, but if the amount is large or the deductions are complicated, talk to a Georgia tenant attorney or a local legal aid office.

Want to check any of this yourself? The statutory text of §§ 44-7-33 through 44-7-35 is reprinted in full in the General Assembly's HB 834 (2018), as passed, the two-month cap is in HB 404 (2024), and the state's own Georgia Landlord-Tenant Handbook from the Department of Community Affairs walks through all of it.

This article is general legal information for Georgia, not legal advice. Landlord-tenant law changes, court limits are adjusted over time, and your city or county may add requirements, so verify the current Georgia statute or consult a Georgia attorney about your specific situation.

Official Legal Sources for Georgia

This page is based on Georgia state landlord–tenant law. Laws change — verify the current text directly against the official sources below. This is general legal information, not legal advice.

• Georgia landlord–tenant statutes (full text) — reproduced on this site from the public-domain Georgia Code, because Georgia publishes its official code only through a commercial service.
• Georgia Attorney General's Consumer Protection Division — Landlord-Tenant Issues and Handbook — official state resource.

Local ordinances may apply. This page covers Georgia state law. Your city or county may add protections — such as rent control, just-cause eviction, rental registration, or stricter housing codes — that change these rules. Check your local city or county ordinances.