Georgia Security Deposit Law: No Cap, 30-Day Return

Security deposits in Georgia are governed by Article 2 of the state’s landlord-tenant chapter, one piece of the broader Georgia landlord-tenant law that also covers leases, repairs, and evictions. This article explains the two questions renters ask most: how much a landlord can charge, and how quickly the money has to come back after move-out.

Is there a maximum security deposit in Georgia?

Georgia does not cap the amount of a security deposit. Article 2 of Title 44, Chapter 7 of the Georgia Code, the sections running from O.C.G.A. § 44-7-30 through § 44-7-37, defines what a security deposit is and controls how it is handled, but it contains no ceiling on the sum a landlord may collect. A landlord is free to ask for one month’s rent, two months’ rent, or more, and the figure is a matter of negotiation recorded in the lease.

This puts Georgia in the group of states that regulate the timing and handling of deposits rather than the price. What limits a landlord in practice is the rental market and the lease terms both sides agree to, not a statutory maximum. The amount, the due date, and the conditions for return are the kind of specific terms a written lease is expected to state, and they sit alongside the other items covered under Georgia’s residential lease requirements.

How Georgia landlords must hold a deposit

A Georgia landlord generally cannot mix deposit money with personal funds. Under O.C.G.A. § 44-7-31, a security deposit must be placed in an escrow account established only for that purpose at a state- or federally-regulated bank, held in trust for the tenant, and the tenant must be told in writing where that account is. As an alternative to escrow, a landlord may post a surety bond with the clerk of the superior court under O.C.G.A. § 44-7-32.

The law also builds a paper trail at the start of the tenancy. Before collecting a deposit, O.C.G.A. § 44-7-33(a) requires the landlord to give the tenant a written list of existing damage to the unit. The tenant can inspect the premises to check the list and note any disagreement in writing, and both sides sign it. That move-in list becomes the baseline the landlord is measured against when the tenancy ends.

The 30-day deadline to return a deposit

The central deadline is 30 days. O.C.G.A. § 44-7-34(a) requires a landlord to return the full deposit within 30 days after the tenant gives up possession of the unit. If the landlord keeps any portion, the same section requires a written statement identifying the exact reasons, and, when the reason is damage, the itemized damage list prepared under § 44-7-33. The statement and any refund travel together.

1. Return possession and leave a forwarding address

   The 30-day clock starts when the tenant surrenders the unit. Leaving a written forwarding address gives the landlord the last known address the statute uses for mailing the refund and statement, which protects the tenant against the 90-day unclaimed-deposit rule in O.C.G.A. § 44-7-34.

2. The landlord inspects and lists any damage

   After the tenancy ends, O.C.G.A. § 44-7-33(b) gives the landlord three business days to inspect the unit and compile a final list of damage. The tenant has the right to inspect the unit within five business days after the tenancy ends to check that list.

3. The refund and statement arrive within 30 days

   Within 30 days of surrender, the landlord mails the deposit, minus any amount supported by the written itemized statement, to the tenant’s last known address under O.C.G.A. § 44-7-34. No deduction is allowed for ordinary wear and tear.

What a landlord can deduct

A Georgia landlord cannot deduct for ordinary wear and tear, the gradual decline that comes from normal use. O.C.G.A. § 44-7-34(a) does allow retention for specific reasons: unpaid rent, unpaid late fees, abandonment of the premises, unpaid utility charges, repair or cleaning the tenant contracted for with third parties, unpaid pet fees, and actual damages caused by the tenant’s breach, provided the landlord tries to mitigate those damages.

The line between deductible damage and non-deductible wear runs through the landlord’s own duties. Painting to cover normal fading or replacing a worn carpet is upkeep, not tenant damage. Conditions the landlord was already responsible for fixing fall under the separate repair obligation described in Georgia’s implied warranty of habitability, and charging a tenant to repair them is not a valid deduction.

Unpaid rent is a common deduction, and it often surfaces after a landlord has moved to remove a tenant. The deposit can be applied to rent a tenant owes, but the amount still has to be documented in the written statement, and the underlying process for recovering possession runs through the Georgia eviction process rather than self-help.

Penalties when a landlord keeps too much

Georgia backs the deadline with real consequences. Under O.C.G.A. § 44-7-35(c), a landlord who fails to return a deposit that should have been returned is liable to the tenant for three times the amount improperly withheld, plus reasonable attorney’s fees. The treble penalty drops to only the amount wrongly kept if the landlord proves the withholding was not intentional and resulted from a bona fide error made despite procedures designed to avoid it.

The same section adds two structural penalties. A landlord who never placed the deposit in escrow, never posted a bond, or never prepared the required damage lists loses the right to retain any part of the deposit under O.C.G.A. § 44-7-35(a). And missing the statement-and-return deadlines in § 44-7-34 works a forfeiture of the landlord’s right to withhold anything or to sue the tenant for damage to the unit. A tenant pursuing a wrongfully withheld deposit generally files in magistrate court, which the Attorney General’s office points consumers to for these disputes, and the state’s landlord-tenant self-help resources explain how those cases proceed.

The small-landlord exemption

Not every Georgia landlord is bound by the escrow and inspection machinery. O.C.G.A. § 44-7-36 exempts rental units owned by a natural person when that person, their spouse, and their minor children collectively own ten or fewer rental units. The exemption reaches the escrow rule (§ 44-7-31), the surety-bond option (§ 44-7-32), the move-in and move-out lists (§ 44-7-33), and the noncompliance penalties (§ 44-7-35). It disappears the moment a third party manages the units for a fee, including rent collection.