Florida vs Georgia: Security Deposit Laws Compared
| Aspect | Florida | Georgia |
|---|---|---|
| Return Deadline | 15 days | 30 days |
| Maximum Deposit | No cap | 2 months |
| Itemization Required | Yes | Yes |
| Interest Required | No | No |
| Statute | Fla. Stat. § 83.49 | O.C.G.A. § 44-7-30 to 44-7-37 |
| Penalty for Violation | Tenant can recover full deposit plus attorney's fees if landlord fails to give timely written notice. | For landlords subject to full statute: tenant may recover 3x (treble) the wrongfully withheld amount plus attorney's fees in bad faith cases. Small exempt landlords: tenant may recover only the wrongfully withheld amount through small claims court. |
Which state is more tenant-friendly?
“Tenant-friendly” depends on which factor matters most to you. A shorter return deadline favors tenants who want their money back fast. A lower maximum deposit favors tenants moving in. Stronger penalties for violations help if you end up in a dispute. Required interest helps over long tenancies.
For a typical renter, the most-watched signal is the return deadline. By that measure:
- Florida: 15 days to return (Fla. Stat. § 83.49)
- Georgia: 30 days to return (O.C.G.A. § 44-7-30 to 44-7-37)
What you need to know about each state
Florida
15 days if no deductions; 30 days if landlord claims deductions (with written notice by certified mail within 30 days).
Full Florida security deposit law →
Georgia
As of 2024 (HB 404 — Safe at Home Act), Georgia caps security deposits at 2 months' rent. The full escrow/inspection requirements of § 44-7-31 to 44-7-35 apply only to landlords with 10+ rental units OR who use a property manager. Small self-managed landlords (with fewer than 10 units) are exempt from some procedural requirements but still must return deposits and itemize deductions within 30 days.
FAQ
- Which state is more tenant-friendly for security deposits, Florida or Georgia?
- Florida requires landlords to return deposits within 15 days, while Georgia requires 30 days. Florida has the shorter deadline, generally favoring tenants. Other factors like maximum deposit caps and statutory penalties also matter — see the comparison table below.
- What is the difference in maximum security deposit between Florida and Georgia?
- Florida: No statutory cap. Georgia: 2 months of rent.