Georgia security deposit law

• Return the deposit, or send a written statement of the exact reasons for keeping any part with the balance, within 30 days after the landlord obtains possession: when the lease ends and the tenant vacates, or when the landlord accepts a surrender, whichever comes first (§§ 44-7-33(b), 44-7-34(a), as amended 2018).
• Inspect the unit and compile a signed list of damage with estimated costs within 3 business days after the lease ends and the tenant vacates, or after surrender and acceptance, whichever comes first (or within a reasonable time after discovering the tenant left without notice). The tenant may inspect within 5 business days and sign or note disagreements.

The refund and any damage statement must be mailed to the tenant's last known address, even if that is the vacated unit. If it comes back undeliverable and the landlord can't find the tenant after reasonable effort, the deposit belongs to the landlord 90 days after mailing.

Required: Yes. If any of the deposit is kept for damage, the landlord must send a statement identifying the damage, the estimated dollar amount, and the refund of the difference.

The landlord can't keep the deposit for normal wear and tear from using the property for its intended purpose. Deductions may cover damage by the tenant, household, pets, or guests; unpaid rent, late charges, pet fees, or utilities; and losses from early termination. Repair charges should reflect the item's condition at move-in.

Application fees and holding deposits paid before the lease is signed are not security deposits and usually aren't refundable. Refundable advance rent counts as part of the deposit. Pet charges may be refundable deposits or separate nonrefundable fees, depending on the lease.

• Interest required: No. No statewide interest requirement.
• Separate account required: Yes. Unless the owner is a natural person who, with spouse and minor children, owns 10 or fewer rental units and doesn't pay a third party to manage them, deposits must be held in an escrow account used only for deposits at a state- or federally regulated bank or lending institution, or the landlord may post a surety bond with the superior court clerk. Tenants must be told in writing where the escrow account is.
• Move-in inspection required: Yes. Unless the owner is a natural person who, with spouse and minor children, owns 10 or fewer rental units and doesn't pay a third party to manage them, the landlord must give the tenant a list of existing damage before taking the deposit; the tenant may inspect before moving in, and both sign the list (or the tenant signs a written statement of the items disputed).

A landlord covered by § 44-7-35 (any landlord except a natural person who, with spouse and minor children, owns 10 or fewer rental units without paid third-party management) owes three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord shows by a preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error despite procedures reasonably designed to avoid such errors (then only the sum withheld). A covered landlord also can't keep any of the deposit if it didn't escrow or bond the deposit, didn't give the move-in damage list, and didn't make the move-out damage list available (§ 44-7-35(a)). Exempt small landlords are still bound by the 30-day return rule in § 44-7-34.

Triple damages apply unless the landlord shows by a preponderance of the evidence that the withholding was unintentional and resulted from a bona fide error despite procedures reasonably designed to avoid such errors. A tenant who disputes the move-out list may sue only over items they specifically dissented to in writing; but a tenant who did not inspect after move-out (or wasn't at the landlord's inspection) and did not ask for a copy of the final list keeps the right to dispute the damages.

Magistrate court hears civil claims up to $15,000. For cases filed on or after Jan. 1, 2027, the limit rises to $25,000 (HB 999, 2026, signed May 12, 2026). Court information

Before filing, many tenants send a written demand first. Write a Georgia demand letter →

• The two-month cap applies to leases entered into or renewed on or after July 1, 2024.
• Escrow (or bond), the move-in and move-out damage lists, and the triple-damages/forfeiture remedies don't apply to a natural person who, with spouse and minor children, owns 10 or fewer rental units and doesn't pay a third party to manage them (§ 44-7-36). Companies and LLCs are covered regardless of size. The 30-day return rule and the wear-and-tear rule apply to all landlords.
• If the property is sold, the old owner must transfer the deposit to the new owner or refund it to the tenant.

• Georgia Landlord-Tenant Handbook (Dept. of Community Affairs, rev. 8-29-24) Retrieved October 11, 2026.
• HB 404 (2024) Safe at Home Act, committee substitute adding O.C.G.A. § 44-7-30.1 Retrieved October 11, 2026.
• Liberty County Magistrate Court, Civil Claims Retrieved October 11, 2026.
• O.C.G.A. §§ 44-7-33(a), 44-7-36 (official Lexis) Retrieved October 11, 2026.
• Georgia HB 404 (2024) § 6; O.C.G.A. §§ 44-7-34, 44-7-36 Retrieved October 11, 2026.
• HB 834 (2018), as passed, revising O.C.G.A. §§ 44-7-33 to 44-7-35 Retrieved October 11, 2026.

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.