General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- The landlord must return the deposit, minus lawful deductions, within one month after the tenancy ends and the tenant gives up possession.
- Any amount kept must be explained in a written statement listing the damage, sent with the balance of the deposit.
- A landlord who wrongfully keeps a deposit can owe three times the amount withheld plus attorney fees, though a good faith mistake can limit liability to the amount wrongly kept.
- For leases covered by the 2024 law, a security deposit generally may not exceed two months of rent.
- State law generally does not require landlords to pay interest on deposits.
Georgia requires landlords to return deposits within one month of move out and to document existing damage with inspection lists. A landlord who keeps a deposit in bad faith risks a penalty of three times the amount withheld.
Georgia security deposits at a glance
| Rule | Georgia | Law |
|---|---|---|
| Deposit limit | For leases covered by the 2024 law, a security deposit generally may not exceed two months of rent. | Safe at Home Act (HB 404, 2024) |
| Deadline to return the deposit | The landlord must return the deposit, minus lawful deductions, within one month after the tenancy ends and the tenant gives up possession. | O.C.G.A. section 44-7-34 |
| Itemized deductions | Any amount kept must be explained in a written statement listing the damage, sent with the balance of the deposit. | O.C.G.A. section 44-7-34 |
| Interest on deposits | State law generally does not require landlords to pay interest on deposits. | Official Code of Georgia, Title 44 Chapter 7 (no interest rule) |
| Penalty for wrongful withholding | A landlord who wrongfully keeps a deposit can owe three times the amount withheld plus attorney fees, though a good faith mistake can limit liability to the amount wrongly kept. | O.C.G.A. section 44-7-35 |
How much you can collect
Deposit limit. For leases covered by the 2024 law, a security deposit generally may not exceed two months of rent. (Safe at Home Act (HB 404, 2024))
Holding the deposit
Where the deposit is held. Deposits generally must be held in an escrow account at a Georgia bank, with an exemption for owners of 10 or fewer units who manage the units themselves. (Official Code of Georgia, Title 44 Chapter 7 (escrow of deposits))
Interest on deposits. State law generally does not require landlords to pay interest on deposits. (Official Code of Georgia, Title 44 Chapter 7 (no interest rule))
Receipts and notices. Generally, before taking a deposit, the landlord gives the tenant a list of existing damage to review and sign, and a move out inspection list follows the tenancy. (Official Code of Georgia, Title 44 Chapter 7 (inspection lists))
Deductions and normal wear and tear
A deposit can cover unpaid rent and damage beyond normal wear and tear. Everyday aging, such as faded paint, small nail holes or light carpet wear, is not damage.
Itemized deductions. Any amount kept must be explained in a written statement listing the damage, sent with the balance of the deposit. (O.C.G.A. section 44-7-34)
Returning the deposit
Deadline to return the deposit. The landlord must return the deposit, minus lawful deductions, within one month after the tenancy ends and the tenant gives up possession. (O.C.G.A. section 44-7-34)
Penalties for wrongful withholding
Penalty for wrongful withholding. A landlord who wrongfully keeps a deposit can owe three times the amount withheld plus attorney fees, though a good faith mistake can limit liability to the amount wrongly kept. (O.C.G.A. section 44-7-35)
Mistakes to avoid
- Skipping a dated move-in condition report with photos, then having nothing to compare against at move out.
- Charging for normal wear and tear.
- Missing the return deadline, even by a few days.
- Not asking for a forwarding address before the tenant leaves.
- Losing track of deposit money by mixing it with operating funds without a ledger.
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General information, not legal advice.
Verify current law
We last checked these Georgia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Georgia attorney about your situation.
Laws named on this page
- Safe at Home Act (HB 404, 2024)
- O.C.G.A. section 44-7-34
- Official Code of Georgia, Title 44 Chapter 7 (no interest rule)
- O.C.G.A. section 44-7-35
- Official Code of Georgia, Title 44 Chapter 7 (escrow of deposits)
- Official Code of Georgia, Title 44 Chapter 7 (inspection lists)
Official sources
Georgia forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
Is there a limit on security deposits in Georgia?
For leases covered by the 2024 law, a security deposit generally may not exceed two months of rent. Source: Safe at Home Act (HB 404, 2024).
How long does a Georgia landlord have to return a deposit?
The landlord must return the deposit, minus lawful deductions, within one month after the tenancy ends and the tenant gives up possession. Source: O.C.G.A. section 44-7-34.
Do Georgia landlords have to pay interest on deposits?
State law generally does not require landlords to pay interest on deposits. Source: Official Code of Georgia, Title 44 Chapter 7 (no interest rule).
What happens if a Georgia landlord keeps a deposit wrongly?
A landlord who wrongfully keeps a deposit can owe three times the amount withheld plus attorney fees, though a good faith mistake can limit liability to the amount wrongly kept. Source: O.C.G.A. section 44-7-35.