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Georgia security deposit: 30 days to get it back

The landlord must return the full deposit within 30 days after obtaining possession of the premises (the date measured under § 44-7-33(b), generally when the lease ends and the tenant surrenders or abandons the unit). If the landlord keeps any part, it must send the balance with a written statement of the exact reasons within the same 30 days.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in O.C.G.A. §§ 44-7-30 to 44-7-37, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: A written statement identifying the exact reasons for keeping any part. If the reason is damage, the statement must include the comprehensive damage list required by § 44-7-33. Ordinary wear and tear cannot be deducted unless caused by the tenant's negligence, carelessness or abuse. Mailing first-class to the tenant's last known address counts as compliance.
Forwarding address: Not required to start the clock. The landlord may mail the payment and statement to the tenant's last known address; if returned undelivered and the tenant cannot be found after reasonable effort, the money becomes the landlord's 90 days after mailing.
If the landlord breaks the rules: A landlord that fails to return any part owed is liable for three times the sum improperly withheld plus reasonable attorney's fees. It can avoid the tripling only by proving the withholding was an unintentional, good-faith error despite reasonably designed procedures, in which case it owes just the amount wrongly withheld.
Loss of the right to deduct: A landlord cannot keep any part of the deposit if it did not hold the deposit in escrow or under a surety bond, did not give the tenant the initial damage list, or did not prepare and make available the final damage list. Missing the list deadlines forfeits the right to withhold or to sue for damage (§ 44-7-35(a)-(b)).
Deposit cap: Two months' rent for residential leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1, from HB 404 / Act 392). The cap applies however the refundable deposit is labeled. Georgia previously had no statutory cap.
Small claims limit: $15,000 in Magistrate Court
Statute: O.C.G.A. §§ 44-7-30 to 44-7-37 (esp. §§ 44-7-30.1, 44-7-33, 44-7-34, 44-7-35)

Recent changes

HB 404 (Safe at Home Act, Act 392), signed April 22, 2024, effective July 1, 2024: new two-month cap on security deposits for residential leases entered into or renewed on or after that date. The return deadline and treble-damages rules were not changed (§ 44-7-35 history shows last amendment 2018).

Local rules

The deposit article may not apply in full to some small landlords (reportedly owners of ten or fewer units who manage them directly); verify the exemption text before relying on it.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite O.C.G.A. §§ 44-7-30 to 44-7-37. Give a date to respond.
If you still aren't paid, file in Magistrate Court. Deposit claims up to $15,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Georgia demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under O.C.G.A. §§ 44-7-30 to 44-7-37, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Georgia have to return a security deposit?

What happens if a Georgia landlord keeps the deposit wrongfully?

A landlord that fails to return any part owed is liable for three times the sum improperly withheld plus reasonable attorney's fees. It can avoid the tripling only by proving the withholding was an unintentional, good-faith error despite reasonably designed procedures, in which case it owes just the amount wrongly withheld. A landlord cannot keep any part of the deposit if it did not hold the deposit in escrow or under a surety bond, did not give the tenant the initial damage list, or did not prepare and make available the final damage list. Missing the list deadlines forfeits the right to withhold or to sue for damage (§ 44-7-35(a)-(b)).

Do I have to give my Georgia landlord a forwarding address?

Not required to start the clock. The landlord may mail the payment and statement to the tenant's last known address; if returned undelivered and the tenant cannot be found after reasonable effort, the money becomes the landlord's 90 days after mailing.

Where do I sue for my deposit in Georgia?

Deposit claims up to $15,000 can be filed in Magistrate Court. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.