Security Deposit Laws in Georgia
How long does a landlord have to return a security deposit in Georgia?
Under O.C.G.A. § 44-7-30 to 44-7-37, a landlord in Georgia has 30 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.
Important Georgia-specific details
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.
What happens if the landlord misses the deadline in Georgia?
Missing the deadline has real consequences for landlords in Georgia. Under the statute, the penalty is: 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.
In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 30 days, you likely have a strong case in small claims court.
What can the landlord legally deduct from your deposit in Georgia?
Georgia law generally allows landlords to deduct for:
- Unpaid rent
- Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
- Cleaning costs, if the unit is left noticeably dirtier than at move-in
- Breach-of-lease costs, such as early termination fees where legally permitted
Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.
Calculator: check your deposit situation
Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.
Security Deposit Return Calculator
Find out when your landlord must return your deposit and what they're legally allowed to deduct.
What to do if your landlord won't return your deposit in Georgia
- Send a demand letter by certified mail. Cite O.C.G.A. § 44-7-30 to 44-7-37 and the amount owed. Keep a copy and the delivery receipt.
- Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
- File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
- Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.
For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.
Georgia Security Deposit FAQ
- How long does a landlord have to return a security deposit in Georgia?
- In Georgia, landlords must return the security deposit within 30 days of the tenant moving out, per O.C.G.A. § 44-7-30 to 44-7-37. They must either return the full deposit or provide an itemized statement of any deductions.
- What is the maximum security deposit a landlord can charge in Georgia?
- In Georgia, the maximum security deposit is 2 months of rent under O.C.G.A. § 44-7-30 to 44-7-37.
- What happens if my landlord doesn't return my deposit on time in Georgia?
- In Georgia, the penalty for wrongfully withholding a security deposit is: 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. You can sue in small claims court to recover the deposit plus the statutory penalty.
- Does my landlord in Georgia have to pay interest on my security deposit?
- No. Georgia does not require landlords to pay interest on security deposits.
- Does my landlord have to itemize deductions from my deposit in Georgia?
- Yes. Georgia law requires landlords to provide an itemized statement of any deductions made from your security deposit.