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 and 4 more Georgia statutes · Verified July 8, 2026
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 | Refundable pet deposits are permitted but count toward the two-months'-rent cap of 44-7-30.1; unpaid pet fees are an enumerated retention ground under 44-7-34(a). |
| 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 July 8, 2026), landlordatlas.com/laws/security-deposits/georgia/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Georgia statute in the citations section below.
Generate a Georgia security-deposit return letter — free, no signup, built on the same verified Georgia rules as this page.
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.
- Hiring a manager kills the exemption — The 44-7-36 exemption evaporates entirely if any third party manages the units for a fee — including mere rent collection.
- Inspection-list mechanics for covered landlords — 44-7-33 requires a comprehensive move-in list before collecting the deposit, signed by both parties, with tenant inspection rights; a move-out inspection by the landlord within three business days of lease termination and possession; and a tenant right to inspect and dissent within five business days.
- 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.
- Why the citations link to Justia — Georgia's official code is published via a LexisNexis portal on legis.ga.gov that does not support stable deep links, so section citations link to the 2024 Code of Georgia mirror at Justia, 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.
Statute citations
- O.C.G.A. 44-7-30.1 (verified 2026) Unofficial mirror
- O.C.G.A. 44-7-34 (a) (verified 2026) Unofficial mirror
- O.C.G.A. 44-7-35 (b)-(c) (verified 2026) Unofficial mirror
- O.C.G.A. 44-7-36 (verified 2026) Unofficial mirror
- HB 404 (2024 Ga. Laws 392), 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 (2024 Ga. Laws 392) 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.