Demand Letter Lab

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: 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)..

Last verified:

Key facts

Deadline30 days
Deadline triggerafter the landlord obtains possession of the premises following termination of the tenancy (move-out)
Penalty formulaStatutory 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 requiredNo
Itemization requiredYes
Documentation thresholdFull 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 depositNo
Maximum deposit2 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 requiredNo
Small claims limit$15,000 in Magistrate Court of Georgia (Small Claims Division)
Statute citationO.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)).

O.C.G.A. §§ 44-7-30 through 44-7-37 (Article 2, Chapter 7, Title 44)

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)..

Rent source

County small claims courts

CountyCourt and cityLimitFiling feeE-filingCourt link
Fulton CountyFulton County Magistrate Court, Atlanta$15,000 (statewide)County filing fee: $60 for one defendant; +$8 for each additional defendant (per magistratefulton.org/156/Filing-Fees); marshal service ~$50/partyYesOfficial court website
Court page check not recorded
Gwinnett CountyGwinnett County Magistrate Court, Civil Division, Lawrenceville$15,000 (statewide)Statewide filing fee: Not confirmed exact amount from official page; see gwinnettcourts.com/magistrate/fees for current scheduleYesOfficial court website
Court page check not recorded
Cobb CountyCobb County Magistrate Court, Civil Division, Marietta$15,000 (statewide)Statewide filing fee: Not confirmed exact amount; official fees/forms page linked above lists current scheduleYesOfficial court website
Court page check not recorded

See all 159 county small claims courts and filing fees

Free Georgia template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Georgia law (O.C.G.A. §§ 44-7-30 through 44-7-37), a landlord must return the deposit or send a written, itemized list of deductions within 30 days after the landlord obtains possession of the premises following termination of the tenancy (move-out).

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.

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?

Atlanta has its own local ordinance (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). The deposit rules on this page come from Georgia law.

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.

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.

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.

What is the small claims limit in Georgia?

See the applicable court limits and jurisdictions in the state court guide. Georgia small claims courts and filing fees

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.

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.

Tenant resources

What's next?