SECURITY DEPOSIT DEMAND LETTER

STATE OF GEORGIA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Georgia law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable statutory penalties, damages, and attorney's fees.

NOTICE: This letter constitutes the written demand required under O.C.G.A. Section 44-7-34. You have thirty (30) days from receipt of this demand to return the security deposit or provide a written statement of reasons for its retention.

I. GEORGIA LEGAL FRAMEWORK

A. Governing Law

Security deposits in Georgia are governed by O.C.G.A. Section 44-7-30 through 44-7-37.

B. Security Deposit Limits

Georgia law does not impose a statutory limit on the amount of security deposit a landlord may charge. However, the deposit amount must be disclosed in the lease.

C. Landlord Requirements at Move-In

Under O.C.G.A. Section 44-7-33:
- The landlord must provide a written list of pre-existing damage to the premises within three (3) business days after the tenant takes possession
- Failure to provide this list bars the landlord from withholding any portion of the deposit for such damage

D. Escrow Account Requirement

Under O.C.G.A. Section 44-7-31, landlords who rent more than ten (10) dwelling units must:
- Hold security deposits in an escrow account in a state or federally regulated depository
- The account must be clearly designated for tenant security deposits
- The landlord must notify the tenant of the location of the deposit within 30 days of collection

Exception: Landlords with 10 or fewer units are not required to maintain an escrow account but are still bound by the return requirements.

E. Return Deadline

Pursuant to O.C.G.A. Section 44-7-34:
- The landlord must return the deposit within one (1) month after the tenant vacates AND
- After receiving a written demand from the tenant

IMPORTANT: The written demand is a prerequisite to filing suit under Georgia law. This letter serves as that demand.

F. Permissible Deductions

Under O.C.G.A. Section 44-7-35, a landlord may retain from the security deposit amounts for:
- Unpaid rent
- Damage to the premises beyond normal wear and tear
- Other breaches of the lease agreement

G. Itemization Requirements

If the landlord retains any portion of the deposit, they must provide a written statement of the reasons for retention along with any remaining deposit amount.

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email

Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered

C. Condition of Premises at Move-Out

Our Client left the premises in the following condition:

[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.

[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].

[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.

[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.

[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.

III. LANDLORD'S VIOLATIONS

You have violated Georgia law in the following ways:

[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within one (1) month of our Client vacating and providing a forwarding address.

[ ] Failure to Provide Statement of Reasons: You have failed to provide a written statement of the reasons for retention of any portion of the deposit.

[ ] Failure to Provide Move-In Damage List: You failed to provide a written list of pre-existing damage within three business days of move-in as required by O.C.G.A. Section 44-7-33. This bars you from withholding any portion of the deposit for such damage.

[ ] Failure to Maintain Escrow Account: You own more than 10 rental units and failed to hold the deposit in a proper escrow account as required by O.C.G.A. Section 44-7-31.

[ ] Failure to Notify of Deposit Location: You failed to notify our Client within 30 days of where the deposit was being held.

[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions not listed on move-in form
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]

[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE]

IV. NORMAL WEAR AND TEAR

Georgia law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.

The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:

[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]

V. DAMAGES AND PENALTIES

A. Return of Security Deposit

B. Statutory Penalties - Treble Damages for Bad Faith

Under O.C.G.A. Section 44-7-35(c), if a landlord retains a security deposit in bad faith, the tenant may recover:

• Three (3) times the amount wrongfully withheld
• Plus reasonable attorney's fees

Bad Faith Penalty Calculation:
- Amount Wrongfully Withheld: $[AMOUNT]
- Treble Damages (3x): $[AMOUNT]
- Total Penalty: $[AMOUNT]

C. Consequences of Failure to Provide Move-In List

Under O.C.G.A. Section 44-7-33, failure to provide a move-in damage list bars the landlord from claiming damages for any pre-existing conditions. The landlord is liable for the full deposit.

D. Attorney's Fees and Costs

Under O.C.G.A. Section 44-7-35(c), a tenant who prevails in an action for bad faith retention is entitled to recover reasonable attorney's fees.

E. Total Demand

VI. EVIDENCE IN OUR POSSESSION

Our Client has preserved the following evidence to support this claim:

[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in damage list (or evidence none was provided)
[ ] Move-out inspection report/checklist
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's statement of reasons (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]

VII. DEMAND

THIS LETTER CONSTITUTES FORMAL WRITTEN DEMAND PURSUANT TO O.C.G.A. SECTION 44-7-34.

We hereby demand that you take the following actions within thirty (30) days of receipt of this letter:

1. Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]

2. Or Provide Statement: If you contend any portion should be retained, provide a detailed written statement of the specific reasons for retention

3. Total Payment Demanded: If no valid reason for retention exists, the total amount due is $[TOTAL AMOUNT]

Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:

[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]

Reference: [TENANT NAME] Security Deposit

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within thirty (30) days, we are authorized and prepared to:

1. File Suit: Commence legal action in Georgia Magistrate Court (for claims up to $15,000) or State/Superior Court for return of the deposit, treble damages, attorney's fees, and costs.

2. Seek Treble Damages: Request the court impose treble damages for bad faith retention pursuant to O.C.G.A. Section 44-7-35(c).

3. Seek Attorney's Fees: Request the court award reasonable attorney's fees.

4. Report Violations: Report your conduct to:
   - Georgia Attorney General - Consumer Protection Division
   - Georgia Department of Community Affairs
   - Better Business Bureau

5. Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.

IX. RESPONSE REQUESTED

Please respond to this demand in writing within thirty (30) days as required by Georgia law. Your response should include:

1. Full return of the deposit; OR
2. A detailed written statement of the specific reasons for retention of any portion

If we do not receive a satisfactory response, we will file suit without further notice.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[GEORGIA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [TENANT FULL NAME]

ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's statement (if any)
[ ] Cleaning receipts
[ ] Authorization to represent

cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]

GEORGIA SECURITY DEPOSIT QUICK REFERENCE

GEORGIA-SPECIFIC PRACTICE NOTES

[ ] Written Demand Required: Georgia law requires the tenant to make a written demand before filing suit. This letter serves as that demand. The 30-day clock starts upon receipt.

[ ] Move-In Damage List Critical: The landlord must provide a written list of pre-existing damage within 3 business days of move-in. If they failed to do so, they cannot claim deductions for such damage.

[ ] 10-Unit Threshold: The escrow account requirement only applies to landlords with more than 10 units. Smaller landlords are still bound by return requirements but need not escrow.

[ ] Treble Damages for Bad Faith: Georgia provides powerful treble damage remedies for bad faith retention - document evidence of bad faith carefully.

[ ] Magistrate Court: Georgia Magistrate Courts handle claims up to $15,000. This is an efficient forum for security deposit disputes.

[ ] Atlanta Specific: Atlanta has additional tenant protections and housing ordinances. Check local rules.

[ ] No Interest Required: Unlike some states, Georgia does not require landlords to pay interest on security deposits.

[ ] 30-Day Response Period: The landlord has 30 days from receipt of the written demand to respond. Track delivery and receipt carefully.

This template is for informational purposes only and does not constitute legal advice. Georgia law requires a written demand before suit. Consult a licensed Georgia attorney before use.