Security Deposit Return Deadlines & Deductions in Georgia

At a glance

Requirements one by one

Return and itemization

O.C.G.A. § 44-7-34(a) starts the 30-day return period when the landlord obtains possession. If the landlord keeps any amount, the landlord must give exact written reasons and pay the remaining balance. For a deduction based on property damage, the statement must include the comprehensive damage list from § 44-7-33. O.C.G.A. § 44-7-33(b)(1) separately requires a move-out inspection and list within three business days after the lease ends and the tenant vacates, or after surrender and acceptance, whichever occurs first.

Deposit limit and deductions

Section 44-7-30.1 says: “No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.” The 2024 enactment applies this cap to residential lease agreements entered into or renewed on or after July 1, 2024. The definition in § 44-7-30(3) includes damage, advance-rent, and pet deposits held for return, but excludes agreed nonrefundable fees and sums applied to rent or services. Section 44-7-34(a) permits retention for unpaid rent or late fees, abandonment, unpaid utilities, tenant-contracted repair or cleaning, unpaid pet fees, and actual lease-breach damages that the landlord attempts to mitigate. It bars charging ordinary wear and tear unless the tenant or the tenant's household or guests caused it through negligence, carelessness, accident, or abuse.

Holding the deposit and remedies

O.C.G.A. § 44-7-31 requires a dedicated escrow account; § 44-7-32(a) permits a surety bond capped at $50,000. Under § 44-7-36, qualifying natural-person owners whose family collectively owns ten or fewer rental units are exempt unless a paid third party manages them; that exemption covers the escrow, bond, and inspection sections but leaves § 44-7-34's return rule in place. The article does not require interest.

Under § 44-7-35(a)-(c), missing the statutory list and written-statement deadlines forfeits the landlord's right to retain any deposit or sue for damage to the premises. Subsection (c) separately sets liability at three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord proves an unintentional bona fide error despite reasonable prevention procedures.

What trips people up

The 30-day refund clock runs from obtaining possession under § 44-7-34(a). The move-out inspection has its own three-business-day deadline under § 44-7-33(b); neither provision makes a tenant demand letter the trigger. Section 44-7-35(a) has another forfeiture path when the escrow or bond and both required damage lists were all omitted.

Common questions

Does the two-month cap apply to an older lease? The 2024 act applies to residential agreements entered into or renewed on or after July 1, 2024. An earlier agreement reaches the cap when renewed.

Can the landlord keep the deposit for late rent or a pet fee? Section 44-7-34(a) permits retention for unpaid rent, late fees, and unpaid pet fees, with exact written reasons for the amount kept.

Is interest owed? The state security-deposit article imposes no interest duty, although covered landlords must use escrow or a bond.

Statutes and sources

• O.C.G.A. § 44-7-30.1 and 2024 Ga. H.B. 404 § 6 — two-month cap and applicability. https://gov.georgia.gov/document/2024-signed-legislation/hb-404/download (accessed 2026-10-07)
• O.C.G.A. §§ 44-7-33–35 — inspection, return, and remedies; 2018 amendment. https://www.legis.ga.gov/api/legislation/document/20172018/178947 (accessed 2026-10-07)
• O.C.G.A. §§ 44-7-31–32 and 44-7-36 — escrow, bond, and small-owner exemption. https://raw.githubusercontent.com/unicourt/cic-code-ga/master/transforms/ga/ocga/r86/gov.ga.ocga.title.44.html (accessed 2026-10-07)