Georgia Security Deposit Statute and References

Main references

The main legal framework is Georgia's security deposit article, O.C.G.A. sections 44-7-30 through 44-7-37.

• Georgia Landlord-Tenant Handbook
• O.C.G.A. Title 44, Chapter 7, Article 2, security deposits
• O.C.G.A. section 44-7-30.1, two-month deposit cap
• O.C.G.A. section 44-7-31, escrow account rule
• O.C.G.A. section 44-7-32, surety bond alternative
• O.C.G.A. section 44-7-33, move-in and move-out damage lists
• O.C.G.A. section 44-7-34, return and itemization rule
• O.C.G.A. section 44-7-35, remedies for noncompliance
• O.C.G.A. section 44-7-36, smaller natural-person owner exemption

Key rules from the sources

• For leases entered into or renewed on or after July 1, 2024, Georgia generally caps residential security deposits at two months' rent.
• Covered landlords must use an escrow account or permitted surety bond structure.
• Covered landlords should provide a move-in damage list before accepting the deposit.
• Covered landlords should use the move-out final damage list procedure, including tenant inspection rights and specific written dissent to disputed items.
• The return and accounting rule is 30 days after the landlord obtains possession of the premises.
• A landlord can comply by mailing the written statement and required payment to the tenant's last known address by first-class mail.
• Ordinary wear and tear is not deductible.
• A written statement identifying the exact reasons for retention is required when money is retained.
• Serious noncompliance can support forfeiture, three times the sum improperly withheld, and reasonable attorney's fees where supported.
• The bona fide error limitation can limit liability where the landlord proves the statutory conditions.
• Some smaller natural-person owner situations are exempt from sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35.
• The smaller-owner exemption does not apply when paid third-party management handles management, including rent collection.

How the main sections fit together

Section 44-7-33 is the inspection-list section. It covers the move-in list, the final damage list, tenant inspection rights, and written dissent to disputed list items.

Section 44-7-34 is the return and accounting section. It creates the 30-day possession-based deadline, the exact-reasons written statement, the final damage-list attachment when damage is claimed, the refund-balance requirement, ordinary-wear exclusion, allowed retention categories, and the last-known-address mailing rule.

Section 44-7-35 is the remedy section. It addresses forfeiture for certain noncompliance, three times the sum improperly withheld plus reasonable attorney's fees where supported, and the bona fide error limitation.

Section 44-7-36 is the coverage section. It preserves the smaller natural-person owner exemption and the paid third-party management exception to that exemption.

Plain-English guides for these procedures

• Georgia security deposit move-out inspection
• Georgia security deposit damage list
• Georgia security deposit written dissent

How to use this page

Use this reference page to confirm the statutory framework. Use the main guide pages for practical next steps and plain-English explanations.

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