Georgia security deposit rules
How Georgia deposit returns generally work
Georgia generally requires a landlord to return the full security deposit, or to provide a written statement identifying the exact reasons for any amount kept along with the balance, within 30 days after obtaining possession of the rental, and deductions may not cover ordinary wear and tear. O.C.G.A. § 44-7-33 addresses move-in and move-out damage lists and the tenant’s right to dissent in writing, and § 44-7-35 describes potential treble damages and attorney’s fees a court may consider for improper withholding, subject to a bona fide error defense and a small-landlord exemption.
O.C.G.A. § 44-7-34(a) generally requires return of the full deposit, or a written statement of the exact reasons for any amount retained with the balance, within 30 days after the landlord obtains possession.
Section 44-7-33 calls for a signed move-in list of existing damage and a move-out damage list with estimated dollar values; on request, a tenant may inspect the premises and the list within five business days and dissent in writing.
Section 44-7-35(c) describes potential liability for three times the sum improperly withheld plus reasonable attorney’s fees, subject to a bona fide error defense; § 44-7-36 makes it inapplicable to certain owners of ten or fewer units.
Watch your own deadline: O.C.G.A. § 44-7-33(c) generally limits a tenant’s claims to items the tenant specifically dissented to in writing; a tenant who attended the move-out inspection and signed the landlord’s list without a specific written dissent may be barred from recovering under § 44-7-35 if the lists gave written notice of that duty. Keep your mailing address current: a returned refund may become the landlord’s 90 days after mailing if you cannot be located.
Check coverage: Under O.C.G.A. § 44-7-36, §§ 44-7-31, 44-7-32, 44-7-33, and 44-7-35 do not apply to rental units owned by a natural person who, with a spouse and minor children, owns ten or fewer rental units, unless a third party manages them for a fee; § 44-7-34 still applies. Since July 1, 2024, § 44-7-30.1 caps deposits at two months’ rent for new or renewed residential leases.
These are general summaries, not conclusions about your situation. Review the linked official text and obtain legal advice when needed.
Deadline calculator · Normal wear and tear vs. damage · How to get your deposit back · Deadlines in other states