Georgia security deposit law

Security Deposit Laws in Georgia: What Your Landlord Can and Cannot Keep

Your landlord has 30 days under Georgia law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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Georgia security deposit return timeline

Deadline to return

30 days

Statute

O.C.G.A. § 44-7-34 (return); § 44-7-33 (damage lists); § 44-7-35(b)–(c) (forfeiture and treble damages); § 44-7-30.1 (cap)

Within 30 days after termination of the residential lease or the landlord's obtaining possession (whichever occurs LAST), the landlord must return the full deposit. Retaining any portion requires a written statement of exact reasons — and damage-based retention must follow the § 44-7-33 comprehensive damage-list and inspection process — accompanied by payment of the difference. First-class mailing to the last known address is compliance; a returned, unlocatable payment becomes the landlord's property 90 days after mailing, so provide a good forwarding address. Missing the statutory time periods forfeits ALL withholding rights and the right to sue the tenant for premises damage (§ 44-7-35(b)); retention is also barred unless the deposit was escrowed or bonded and the required damage lists were made (§ 44-7-35(a)). Deposit cap: two months' rent for leases entered or renewed on/after July 1, 2024 (§ 44-7-30.1). CAVEAT: § 44-7-36 exempts certain small natural-person landlords from the escrow/damage-list machinery — verify that section before asserting escrow violations against a small landlord.

What can a landlord legally deduct in Georgia?

Allowed

  • Nonpayment of rent or late-payment fees
  • Abandonment of the premises
  • Nonpayment of utility charges
  • Repair work or cleaning contracted for by the tenant with third parties
  • Unpaid pet fees
  • Actual damages caused by the tenant's breach, provided the landlord attempts to mitigate

Not allowed

  • Ordinary wear and tear resulting from use of the premises for their intended purpose, absent negligence, carelessness, accident, or abuse

What if your landlord keeps your deposit wrongfully in Georgia?

A landlord who fails to return any part of a deposit required to be returned is liable for THREE TIMES the sum improperly withheld plus reasonable attorney's fees (§ 44-7-35(c)) — reduced to only the sum erroneously withheld if the landlord proves the withholding was an unintentional bona fide error despite reasonable error-avoidance procedures.

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing O.C.G.A. § 44-7-34 (return); § 44-7-33 (damage lists); § 44-7-35(b)–(c) (forfeiture and treble damages); § 44-7-30.1 (cap) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Georgia tenant rights resources

Every fact on this page is verified against Georgia's official statutory text as of 2026-09-07. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Georgia.

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TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.