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

In Georgia, your landlord generally has one month (about 30 days) after you move out and surrender the property to return your security deposit, along with a written, itemized statement of any deductions. Georgia sets no statutory dollar cap on how much a landlord may charge for a deposit, but it does protect tenants on the back end: a landlord who keeps your money in bad faith can be ordered to pay three times the wrongfully withheld amount plus your attorney's fees. These rules come from Georgia's security deposit statute, found in the Official Code of Georgia Annotated (commonly cited as O.C.G.A. §§ 44-7-30 through 44-7-37). Because details can change and some cities or counties add their own rules, confirm the current statute or talk to a Georgia attorney before relying on any figure here.

How much can a Georgia landlord charge?

Georgia law does not cap the amount of a security deposit. A landlord can ask for one month's rent, two months' rent, or another amount as a matter of contract. What the lease says generally controls the amount.

• There is no state limit, so read your lease before signing and negotiate if the deposit feels high.
• Pet deposits, "last month's rent," and similar charges may be treated as part of the security deposit depending on how the lease is written — ask for everything in writing.
• Georgia does not require landlords to pay interest on security deposits. Any interest is purely a matter of agreement.

The escrow and move-in inspection rules

Georgia's statute requires many landlords to hold deposits in a separate escrow account (or post a surety bond) and to notify the tenant where the money is held. There is a commonly cited exemption for smaller landlords — generally those who personally own a limited number of rental units and do not use a management company — but the exemption does not erase the duty to return the deposit fairly.

• Before collecting a deposit, the landlord is supposed to give you a written list of existing damage to the unit (a move-in inspection list). You have the right to inspect and note disagreements.
• When you move out, you generally have the right to be present for the move-out inspection so you can see what the landlord claims is damaged.
• Keep your own dated photos or video at move-in and move-out — this is the single most useful evidence if you end up in court.

The return deadline and itemized statement

After you vacate and return the keys, the landlord must return the deposit within one month. If any amount is kept, the landlord must provide a written itemized statement listing each deduction and its cost. A landlord who fails to give the required itemized list can lose the right to keep any of the deposit.

• Give your landlord a written forwarding address so the check and statement can reach you.
• If the statement seems padded or vague, you can dispute it in writing and ask for receipts or repair invoices.

What can (and cannot) be deducted

A landlord may deduct for unpaid rent, damage beyond ordinary use, cleaning needed to restore the unit, and other costs allowed by the lease and the statute. 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

If a landlord keeps your deposit in bad faith, Georgia law allows you to recover three times the amount wrongfully withheld, plus reasonable attorney's fees (see O.C.G.A. § 44-7-35). This treble-damages remedy is meant to discourage landlords from sitting on deposits they have no right to keep.

• 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, you can sue in Georgia Magistrate Court — the state's small claims court — which currently hears most money claims up to $15,000. You file in the county where the landlord is located, pay a modest filing fee, and present your lease, photos, the itemized statement, and your demand letter.
• You generally do not need a lawyer in Magistrate Court, but if the dollar amount is large, the deductions are complicated, or you are claiming bad-faith treble damages, it is worth talking to a Georgia tenant attorney or a local legal aid office.

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.