Georgia Security Deposit Demand Letter
Direct answer
In Georgia, the landlord must return the deposit within 30 days. The deadline is measured from this trigger: Within 30 days after the landlord obtains possession of the premises following termination of the tenancy (move-out). The verified state formula is Statutory treble damages (3x the amount improperly withheld) plus reasonable attorney's fees under O.C.G.A. §44-7-35(a) - this applies to ANY wrongful withholding, not conditioned on proving bad faith; however the landlord has an affirmative defense limiting liability to actual amount owed if the landlord proves by a preponderance of the evidence that the withholding was unintentional and resulted from a bona fide error despite reasonably designed procedures to avoid such errors. Separately, under §44-7-34, a landlord who fails to provide the required itemized damage statement within the timeframes forfeits ALL rights to withhold any part of the deposit or to sue the tenant for damages (full forfeiture, not treble)..
Key facts
| Deadline | 30 days |
|---|---|
| Deadline trigger | Within 30 days after the landlord obtains possession of the premises following termination of the tenancy (move-out) |
| Penalty formula | Statutory treble damages (3x the amount improperly withheld) plus reasonable attorney's fees under O.C.G.A. §44-7-35(a) - this applies to ANY wrongful withholding, not conditioned on proving bad faith; however the landlord has an affirmative defense limiting liability to actual amount owed if the landlord proves by a preponderance of the evidence that the withholding was unintentional and resulted from a bona fide error despite reasonably designed procedures to avoid such errors. Separately, under §44-7-34, a landlord who fails to provide the required itemized damage statement within the timeframes forfeits ALL rights to withhold any part of the deposit or to sue the tenant for damages (full forfeiture, not treble). |
| Bad faith required | No |
| Itemization required | Yes |
| Documentation threshold | Full itemized/comprehensive list of damages required whenever any portion of the deposit is retained; enhanced procedural requirements (escrow account, move-in/move-out inspection reports under §44-7-33) apply specifically to landlords who own/manage 10 or more rental units or who use a third-party property manager - smaller landlords (fewer than 10 units, self-managed) are exempt from §§44-7-31, 44-7-32, 44-7-35 and part of §44-7-33, though the 30-day return/itemization duty under §44-7-34 and the ordinary-wear-and-tear limitation still generally apply as baseline landlord-tenant obligations |
| Interest on deposit | No |
| Maximum deposit | 2 months' rent (same cap, no furnished/unfurnished split under GA law; local ordinances may differ, e.g. Atlanta municipal cap reported at 1.5x rent but that is local, not the state statute) |
| Forwarding address required | No |
| Small claims limit | $15,000statewide in Magistrate Court of Georgia (Small Claims Division) |
| Statute citation | O.C.G.A. §§ 44-7-30 through 44-7-37 (Article 2, Chapter 7, Title 44) |
Statute says
"Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees." (O.C.G.A. § 44-7-35(a)). Return deadline: landlord must return the deposit "[w]ithin 30 days after obtaining possession of the premises" and, if retaining any portion, "shall provide the tenant with a written statement identifying the exact reasons for the retention thereof, which shall include the comprehensive list of damages," accompanied by any payment of the difference, mailed to the tenant's last known address by first-class mail (O.C.G.A. § 44-7-34(a),(c)).
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite O.C.G.A. §§ 44-7-30 through 44-7-37 (Article 2, Chapter 7, Title 44) and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Georgia is $1,506 according to U.S. Census Bureau, American Community Survey 1-Year Estimates, Table B25064 (Median Gross Rent) data as of .
- Atlanta-Sandy Springs-Roswell, GA Metro Area: $1,770
- Savannah, GA Metro Area: $1,589
- Augusta-Richmond County, GA-SC Metro Area: $1,243
- Athens-Clarke County, GA Metro Area: $1,238
- Columbus, GA-AL Metro Area: $1,143
- Macon-Bibb County, GA Metro Area: $1,104
Example demand basis: a deposit equal to the state median rent starts at $1,506 before applying the state formula: Statutory treble damages (3x the amount improperly withheld) plus reasonable attorney's fees under O.C.G.A. §44-7-35(a) - this applies to ANY wrongful withholding, not conditioned on proving bad faith; however the landlord has an affirmative defense limiting liability to actual amount owed if the landlord proves by a preponderance of the evidence that the withholding was unintentional and resulted from a bona fide error despite reasonably designed procedures to avoid such errors. Separately, under §44-7-34, a landlord who fails to provide the required itemized damage statement within the timeframes forfeits ALL rights to withhold any part of the deposit or to sue the tenant for damages (full forfeiture, not treble)..
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Fulton County | Fulton County Magistrate Court, Atlanta | $15,000 (statewide) | $60 for one defendant; +$8 for each additional defendant (per magistratefulton.org/156/Filing-Fees); marshal service ~$50/party | Yes | Court site |
| Gwinnett County | Gwinnett County Magistrate Court, Civil Division, Lawrenceville | $15,000 (statewide) | Not confirmed exact amount from official page; see gwinnettcourts.com/magistrate/fees for current schedule | Yes | Court site |
| Cobb County | Cobb County Magistrate Court, Civil Division, Marietta | $15,000 (statewide) | Not confirmed exact amount; official fees/forms page linked above lists current schedule | Yes | Court site |
| DeKalb County | DeKalb County Magistrate Court, Civil Suits (Small Claims), Decatur | $15,000 (statewide) | $54 filing fee; $35 to serve one defendant, +$35 per additional defendant; cash/money order/cashier's check only, no cards | Not verified | Court site |
| Chatham County | Chatham County Magistrate Court, Savannah | $15,000 (statewide) | Not confirmed exact amount; see courts.chathamcountyga.gov/Magistrate/Fees for current schedule | Yes | Court site |
| Clayton County | Clayton County Magistrate Court, Jonesboro | $15,000 (statewide) | Not confirmed exact amount; official 2023 fee-schedule PDF is linked from the court's filing-suits page above | Yes | Court site |
| Cherokee County | Cherokee County Magistrate Court, Canton | $15,000 (statewide) | Roughly $45-$55 for filing + service of one defendant (general GA county range cited by AG consumer office; exact current Cherokee figure not independently confirmed) | Yes | Court site |
| Forsyth County | Forsyth County Magistrate Court, Cumming | $15,000 (statewide) | Not confirmed exact amount; official Court Filing Fees PDF linked from page above | Yes | Court site |
| Henry County | Magistrate Court of Henry County, McDonough | $15,000 (statewide) | Not confirmed exact amount; see henrycountyga.gov/598/Cost-Schedule---Civil for current schedule | Yes | Court site |
| Hall County | Hall County Magistrate Court, Gainesville | $15,000 (statewide) | Roughly $45-$55 range typical for GA magistrate courts (exact Hall County figure not confirmed); eFile Georgia adds a convenience fee on top | Yes | Court site |
| Richmond County | Augusta-Richmond County Civil & Magistrate Court, Augusta | $5,000 | Reported ~$45-$75 range (not confirmed exact on official page) | Not verified | Court site |
| Muscogee County | Muscogee County Magistrate Court (Chattahoochee Judicial Circuit), Columbus | $15,000 (statewide) | Not confirmed exact amount from official page | Yes | Court site |
Free Georgia template, built from verified state data
I am requesting the return of my security deposit. The verified Georgia data for this page lists a 30 days return window and cites O.C.G.A. §§ 44-7-30 through 44-7-37 (Article 2, Chapter 7, Title 44).
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
Local ordinances
FAQ
Does Atlanta have its own security deposit law?
Yes. Ordinance 20-O-1423 ("Renter's Choice" / Landlord-Tenant Security Deposit ordinance) - gives tenants at qualifying properties (owner/manager of 10+ units, deposit > 60% of monthly rent) the choice to pay the security deposit in installments or via approved rental security insurance is listed in the city ordinance data for Atlanta.
Does Augusta have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Georgia law and local rules.
Does Columbus have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Georgia law and local rules.
Does Macon-Bibb County have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Georgia law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Atlanta, Augusta, Columbus, Macon-Bibb County, Savannah, Athens, South Fulton, Sandy Springs, Roswell, Warner Robins, Johns Creek, Mableton, Alpharetta, Albany, Marietta.
Tenant resources
- Georgia Legal Services Program (GLSP)legal aid, 1-833-457-7529
- Atlanta Legal Aid Societylegal aid in Atlanta
- Housing Justice League (Tenant Working Group)tenant union in Atlanta
- Georgia Attorney General's Consumer Protection Divisionag consumer in Atlanta, 404-651-8600
- GeorgiaLegalAid.org (statewide self-help legal resource, joint project of Atlanta Legal Aid Society and GLSP)legal aid