Security Deposit Law in Georgia (O.C.G.A. §§ 44-7-30 through 44-7-37): Deadline and Penalty
In Georgia, a landlord has 30 days to return a security deposit. The deadline is measured from this trigger: After the landlord obtains possession of the premises following termination of the tenancy (move-out). The verified penalty 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 | 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 |
| 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. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in O.C.G.A. §§ 44-7-30 through 44-7-37 (Article 2, Chapter 7, Title 44).
Free Georgia template, built from verified state data
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).
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.
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
What happens if a landlord misses the Georgia deposit deadline?
The verified penalty 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).. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 30 days. The deadline trigger is After the landlord obtains possession of the premises following termination of the tenancy (move-out). A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send a letter that documents the demand and keeps your record tied to the verified Georgia deadline.
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.