SECURITY DEPOSIT ITEMIZATION & DISPOSITION LETTER
(State of Georgia – O.C.G.A. §§ 44-7-33 & 44-7-34)
[// GUIDANCE: This template is designed for use by Georgia residential landlords, management companies, or their counsel when returning all or part of a tenant’s security deposit. Customize bracketed fields and verify factual accuracy before issuance.]
I. DOCUMENT HEADER
From (Landlord/Agent)
[LEGAL NAME OF LANDLORD OR MANAGING AGENT]
[STREET ADDRESS] • [CITY, STATE ZIP] • [PHONE] • [EMAIL]
To (Tenant)
[TENANT FULL LEGAL NAME(S)]
[FORWARDING ADDRESS AS PROVIDED BY TENANT]
Premises: [STREET ADDRESS OF LEASED UNIT]
Lease Dates: Commencement – [MM/DD/YYYY] | Expiration/Termination – [MM/DD/YYYY]
Move-Out Inspection Date: [MM/DD/YYYY]
Letter Date (Effective Date): [MM/DD/YYYY]
Delivery Method: [✔] Certified Mail, R.R.R. [ ] Statutory Overnight Delivery (O.C.G.A. § 44-7-35) [ ] Hand Delivery
Tracking No.: [______]
II. DEFINITIONS
For ease of reference in this Letter:
- “Security Deposit” means the sum of $[__] paid by Tenant on [MM/DD/YYYY] pursuant to Section [__] of the Lease.
- “Ordinary Wear and Tear” has the meaning set forth in O.C.G.A. § 44-7-33(b)(3) and excludes damage caused by negligence, carelessness, accident, or abuse.
- “Termination Date” means the later of (i) the date Tenant vacated the Premises, and (ii) [MM/DD/YYYY] when Landlord regained possession.
[// GUIDANCE: Add or delete defined terms as needed for complex fact patterns.]
III. OPERATIVE PROVISIONS
3.1 Statutory Compliance
This Letter constitutes Landlord’s written statement of the basis for, and computation of, any amount withheld from the Security Deposit as required under O.C.G.A. § 44-7-34(a). It is issued within thirty (30) days after the Termination Date.
3.2 Accounting of Security Deposit
Original Security Deposit.......................................... $[__]
See Schedule A – Itemized Deductions for a full breakdown of charges totaling $[__].
Net Amount Due Tenant.............................................. $[__]
Enclosed: [ ] Check No. [_____] dated [MM/DD/YYYY] in the amount of $[__]
[ ] ACH confirmation to Tenant’s designated account
3.3 Dispute Procedure
Pursuant to O.C.G.A. § 44-7-33(c), Tenant must deliver any written objection to the enclosed itemization within five (5) business days of receipt. Objections should be sent to:
Legal Department – Security Deposits
[LANDLORD ADDRESS] | Email: [[email protected]]
Failure to object in writing within this period constitutes acceptance of the itemization.
3.4 Reservation of Rights
Nothing herein shall be construed as a waiver of (i) Landlord’s right to pursue additional claims for damages not ascertainable at the time of this accounting, or (ii) Tenant’s defenses or statutory remedies under applicable Georgia law, including but not limited to those set forth in O.C.G.A. § 44-7-35.
IV. REPRESENTATIONS & WARRANTIES
- Landlord represents that a joint move-out inspection was conducted (or offered) in accordance with O.C.G.A. § 44-7-33(a).
- Landlord warrants that all deductions listed in Schedule A are (i) reasonable, (ii) itemized by cause and amount, and (iii) limited to actual costs incurred or reasonably estimated to remedy damages beyond Ordinary Wear and Tear or to satisfy unpaid obligations expressly permitted by the Lease and Georgia law.
The foregoing representations survive the issuance of this Letter.
V. DEFAULT & REMEDIES
In the event of a dispute:
a. Parties shall first attempt good-faith negotiation for a period of ten (10) days after Landlord’s receipt of Tenant’s timely written objection.
b. Unresolved disputes may be brought exclusively in the [COUNTY] County Magistrate or State Court having subject-matter jurisdiction over landlord-tenant matters (the “Housing Court”). Monetary damages shall be the exclusive remedy; neither party waives the constitutional right to jury trial. Arbitration is expressly excluded.
[// GUIDANCE: Modify forum if lease designates a specific county.]
VI. RISK ALLOCATION
Liability is governed by the Georgia Security Deposit Act, including potential treble-damage penalties and attorneys’ fees against a landlord who “intentionally and wrongfully” fails to comply. Nothing in this Letter expands or restricts such statutory liability.
VII. GENERAL PROVISIONS
- Entire Agreement: This Letter, together with Schedule A and the enclosed payment instrument, constitutes the entire security-deposit settlement between Landlord and Tenant.
- Amendments: Any modification must be in a subsequent writing signed by both parties.
- Severability: If any provision is held unenforceable, the remainder shall remain in full force.
- Electronic Signatures: Facsimile, PDF, or electronically-signed copies shall be deemed originals.
VIII. EXECUTION BLOCK
LANDLORD / AUTHORIZED AGENT
Name: [PRINTED NAME]
Title: [PROPERTY MANAGER / OWNER / AGENT]
Date: [MM/DD/YYYY]
[Optional Notary Acknowledgment if required by internal policy.]
SCHEDULE A – ITEMIZED DEDUCTIONS
| # | Description of Damage / Charge | Lease § Reference | Actual or Estimated Cost | Evidence (Rec.#/Photo ID) |
|---|---|---|---|---|
| 1 | [e.g., Wall repair – hole in drywall, Bedroom 2] | §7(b) | $[___] | [MID-2023-041] |
| 2 | [e.g., Carpet cleaning – excessive pet stains] | §9 | $[___] | [IMG-2023-112] |
| 3 | [e.g., Unpaid rent – June 2025] | §4(a) | $[___] | Ledger 06/25 |
| … | … | … | … | … |
| Total Deductions | $[__] |
[// GUIDANCE: Attach photographs, contractor invoices, and the signed move-out inspection checklist as separate exhibits where available. Replace “Estimated” costs with actual invoices upon receipt and provide a supplemental statement if actuals differ materially.]
This court-ready template is provided for general informational purposes and should be reviewed and customized by Georgia-licensed counsel prior to use.