What are the security deposit rules in Georgia?
Georgia caps security deposits at two months' rent for leases signed or renewed on or after July 1, 2024, and the landlord must return the deposit — or an exact written statement of deductions plus the balance — within 30 days of getting the unit back.
Cited to O.C.G.A. 44-7-30.1 HB 404 (Act 392 of 2024), section 4 (the new Code section) and section 6 (leases entered into or renewed on or after July 1, 2024) and 4 more cited sources · Verified October 2, 2026, 3 statements held at an earlier date
Deposits must sit in a dedicated escrow account (or be covered by a surety bond filed with the court), no interest is owed to the tenant, and ordinary wear and tear can never be deducted. Wrongful withholding costs the landlord three times the amount improperly kept plus attorney's fees, and missing the statutory paperwork deadlines forfeits the right to keep anything or to sue for damage at all. One large carve-out: owners of ten or fewer units who self-manage are exempt from the escrow, inspection-list, and treble-damages sections — but not from the two-month cap or the 30-day return duty.
Georgia security deposits at a glance
| Maximum deposit | 2 months' rent — The cap applies to residential leases entered into or renewed on or after July 1, 2024; older leases stay uncapped until renewal. It covers refundable deposits combined, including pet deposits. O.C.G.A. 44-7-30.1, added by the 2024 Safe at Home Act (HB 404), provides that no landlord may demand or receive a security deposit exceeding the equivalent of two months' rent. |
|---|---|
| Return deadline | 30 days |
| Deadline conditions | The clock starts when the landlord obtains possession of the premises, as provided in 44-7-33(b). By that deadline the landlord must return the full deposit, or deliver a written statement of the exact reasons for retention together with payment of the balance. Mailing the statement and payment to the tenant's last known address by first-class mail is deemed compliance; if the mailing is returned undelivered and the tenant cannot be located after reasonable effort, the payment becomes the landlord's property 90 days after mailing. |
| Itemization required | Yes |
| Itemization rules | The written statement must identify the exact reasons for retention and, where retention is based on damage, must include the comprehensive damage list prepared under 44-7-33. Ordinary wear and tear from intended use cannot be charged absent negligence, carelessness, accident, or abuse. Permitted retention grounds under 44-7-34(a): unpaid rent, late-payment fees, abandonment, unpaid utility charges, third-party repair or cleaning contracted by the tenant, unpaid pet fees, and actual damages from the tenant's breach (with a duty to mitigate). |
| Separate account required | Yes |
| Interest owed to tenant | No |
| Account & interest rules | No interest on the deposit is owed to the tenant, but the money must still be segregated. The landlord holds it in a dedicated escrow account in a state- or federally-regulated depository, with written notice to the tenant of the account's location (44-7-31), or posts a surety bond instead (44-7-32). The bond goes to the superior court clerk of the county where the property sits, in the amount of the deposits held or $50,000, whichever is less (44-7-32). The escrow and bond duty does not apply to exempt small landlords under 44-7-36 — see notes. |
| Pet deposits | A pet deposit counts inside the general deposit cap and has no figure of its own. The pet-deposit rule, pet rent and fees, and the assistance-animal rules are on the pets and assistance animals page. |
| Non-refundable fees allowed | Yes |
| Penalty for violation | A landlord who fails to return any part of a deposit required to be returned owes three times the sum improperly withheld plus reasonable attorney's fees (44-7-35(c)). Missing the 44-7-34 deadlines separately forfeits all right to withhold anything or to sue the tenant for damages to the premises (44-7-35(b)). The 44-7-35(b) forfeiture is triggered by failing to provide the required lists and written statements within the 44-7-34 time periods. The treble-damages exposure has one exception: if the landlord proves the withholding was an unintentional, bona fide error made despite reasonable error-avoidance procedures, liability is limited to the sum erroneously withheld (44-7-35(c)). |
| Tenant forwarding-address duty | Not addressed by statute |
Cite this page: "Landlord Atlas, Georgia Security Deposit Laws (verified October 2, 2026; held statements carry their own dates), landlordatlas.com/laws/security-deposits/georgia/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Generate a Georgia security-deposit return letter — free, no signup, built on the same verified Georgia law as this page.
Editable Georgia deposit kit — the deposit disposition letter, the move-in receipt with the custody and interest statements, a deposits-held register with the return deadline computed, and the rules fact sheet built on the verified Georgia rules on this page, in Word, fillable PDF and Excel.
Notes and caveats
- The small-landlord exemption is narrower than most sources say — Under 44-7-36, natural persons who — counting spouse and minor children — own ten or fewer rental units are exempt from 44-7-31 (escrow), 44-7-32 (bond), 44-7-33 (damage lists), and 44-7-35 (forfeiture and treble damages), but NOT from the 44-7-30.1 two-month cap or the 44-7-34 30-day return and itemized statement.
- Third-party management ends the exemption for the managed units — The 44-7-36 exemption does not apply to units for which management, including rent collection, is performed by third parties for a fee.
- Inspection-list mechanics for covered landlords — 44-7-33 requires a comprehensive move-in list of existing damage before the tenant tenders the deposit, signed by both parties, with tenant inspection rights; a move-out inspection and damage list by the landlord within three business days after the lease ends and the tenant vacates, or after the landlord accepts a surrender of the premises, whichever comes first; and a tenant right, on request, to inspect the premises and the list within five business days, and to sign it or state in writing the items the tenant disputes.
- Why no forwarding-address duty is listed — 44-7-34 imposes none — mailing the statement and payment to the tenant's last known address is deemed compliance, and the 90-day unclaimed-funds rule handles undeliverable payments.
- Where the code text lives — Georgia's official code is published through the General Assembly's O.C.G.A. portal, and section citations link to that portal, with the official HB 404 bill record cited for the 2024 changes.
Common questions: Georgia security deposits
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- How much can a landlord charge for a security deposit in Georgia?
- 2 months' rent — The cap applies to residential leases entered into or renewed on or after July 1, 2024; older leases stay uncapped until renewal. It covers refundable deposits combined, including pet deposits.
- How long does a landlord have to return a security deposit in Georgia?
- 30 days. The clock starts when the landlord obtains possession of the premises, as provided in 44-7-33(b). By that deadline the landlord must return the full deposit, or deliver a written statement of the exact reasons for retention together with payment of the balance.
- What happens if a landlord does not return the deposit on time in Georgia?
- A landlord who fails to return any part of a deposit required to be returned owes three times the sum improperly withheld plus reasonable attorney's fees (44-7-35(c)). Missing the 44-7-34 deadlines separately forfeits all right to withhold anything or to sue the tenant for damages to the premises (44-7-35(b)).
- Do landlords have to pay interest on security deposits in Georgia?
- No — Georgia does not require interest on the security deposit to be paid to the tenant. No interest on the deposit is owed to the tenant, but the money must still be segregated. The landlord holds it in a dedicated escrow account in a state- or federally-regulated depository, with written notice to the tenant of the account's location (44-7-31), or posts a surety bond instead (44-7-32).
- Can a landlord charge a non-refundable fee in Georgia?
- Yes — non-refundable fees are allowed in Georgia.
Statements held at an earlier date
Georgia publishes its code only on a site whose terms do not allow automated reading, so this page is verified on the acts the legislature publishes and on court and agency sources. The 3 statements below rest on text only the code prints. Each keeps the date it was last verified; every other statement on this page was confirmed on October 2, 2026 ( how held statements work).
- No interest on a security deposit is owed to the tenant. O.C.G.A. Title 44, chapter 7, article 2 (the list of sections) · last verified July 8, 2026
- A surety bond posted in place of an escrow account goes to the clerk of the superior court of the county where the property sits, in the amount of the deposits held or $50,000, whichever is less. O.C.G.A. § 44-7-32 · last verified July 8, 2026
- Natural persons who, counting a spouse and minor children, own ten or fewer rental units are exempt from the escrow, bond, damage-list and forfeiture sections (44-7-31, 44-7-32, 44-7-33 and 44-7-35), but not from the two-month cap or the 30-day return. O.C.G.A. § 44-7-36 · last verified July 8, 2026
Citations
- O.C.G.A. 44-7-30.1 · HB 404 (Act 392 of 2024), section 4 (the new Code section) and section 6 (leases entered into or renewed on or after July 1, 2024) (verified 2026) Official source
- O.C.G.A. 44-7-34 · (a) (verified 2026) Official source
- O.C.G.A. 44-7-35 · (b)-(c) (verified 2026) Official source
- O.C.G.A. 44-7-36 (verified 2026) Official source
- HB 404 (Act 392 of 2024), Georgia General Assembly bill record · § 4 (creating 44-7-30.1) (verified 2026) Official source
How this record was verified: Direct read of statute text: O.C.G.A. 44-7-30.1, 44-7-34, 44-7-35, 44-7-36, 44-7-7, and 44-7-19 read in full from the 2024 Code of Georgia (Justia mirror of the official code, which is not deep-linkable on the official legis.ga.gov LexisNexis portal), cross-checked against the official Georgia General Assembly HB 404 (Act 392 of 2024) bill record on legis.ga.gov and the Georgia Appleseed / magistrate-judge bench card summarizing the Safe at Home Act. 44-7-31, 44-7-32, and 44-7-33 mechanics confirmed across the code mirror section listing and multiple consistent secondary sources. September 5, 2026 addendum: the decisive figures touched by the 2025-2026 enactments reviewed that day were re-read on the official host — § 44-7-30.1 and § 44-7-7 through the enrolled acts on gov.georgia.gov and the official reporter text of Alexander v. Steining on static.case.law; the earlier reads stand as recorded. October 2026: the deposit, rent increase, late fee and entry answers were read again on the acts the General Assembly publishes on legis.ga.gov (the 2024 Safe at Home Act, HB 404, Act 392; 2018 HB 834 for sections 44-7-33 to 44-7-35; 2006 HB 1273 for section 44-7-31; 2007 SB 94 for section 44-7-30; 2003 SB 105 for section 13-6-15), on the signed acts on gov.georgia.gov, on the Department of Community Affairs' Georgia Landlord-Tenant Handbook (revised August 29, 2024) and on opinions of the Court of Appeals. The code itself was not opened for that reading, and no act since 2001 sets out sections 44-7-19, 44-7-32 or 44-7-36. The statements that rest on text only the code prints are held: each is listed with the date it was last verified. Every other statement on the deposit, rent increase, late fee and entry pages was confirmed on October 2, 2026.