Georgia security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Ga. Code § 44-7-34, a landlord in Georgia must return your security deposit — together with any required written itemization of deductions — within 30 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

The 30 days run from the landlord obtaining possession under § 44-7-33(b) — the earlier of lease termination plus vacating, or surrender and acceptance — not from the lease end date and not from a forwarding address. Missing the § 44-7-34 deadline separately forfeits the landlord's right to withhold any part of the deposit or to sue for damage to the premises (§ 44-7-35(b)). Under § 44-7-33(c), a tenant who signed the landlord's final damage list, or who received one and did not dissent specifically in writing, cannot recover under § 44-7-35. Deposits are capped at two months' rent (§ 44-7-30.1, added 2024).

What it costs your landlord

Under Ga. Code § 44-7-35(c), a landlord who wrongfully withholds a deposit in Georgia may be liable for three times the sum improperly withheld plus reasonable attorney's fees, which the statute makes mandatory — unless the landlord proves the withholding was unintentional and resulted from a bona fide error, in which case they owe only the sum wrongly withheld. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Georgia

Amounts for damage the tenant caused, beyond normal wear and tear, and unpaid rent.

Ga. Code § 44-7-34

Ordinary wear and tear

Georgia's distinctive requirement is the specificity of the statement rather than the wear standard itself.

What a compliant itemization has to contain

A written statement identifying the exact reasons for retaining any portion of the deposit, within 30 days.

Read it yourself: Ga. Code § 44-7-34

How to get your deposit back in Georgia

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Georgia that's 30 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Ga. Code § 44-7-34, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

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

Under Ga. Code § 44-7-34, a Georgia landlord has 30 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Georgia?

Under Ga. Code § 44-7-35(c), a landlord who wrongfully withholds may be liable for three times the sum improperly withheld plus reasonable attorney's fees, which the statute makes mandatory — unless the landlord proves the withholding was unintentional and resulted from a bona fide error, in which case they owe only the sum wrongly withheld.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.