Security deposit return law in Georgia

In Georgia, a landlord must return the security deposit within 30 days (O.C.G.A. 44-7-30 to 44-7-36 (definitions, cap, escrow, lists, return, penalty, exemption)). Exactly when that clock starts, and what has to go back with the money, is where states differ most, so the rest of this page stays close to the statute's own words rather than a generic summary.

When the clock starts, and what goes with the money

All landlords, regardless of size, must return the deposit within 30 days after obtaining possession of the premises as provided in O.C.G.A. 44-7-33(b), whose own trigger is termination of the lease and vacation of the premises, or surrender and acceptance of the premises, whichever occurs FIRST. The trigger is the earlier of those two events, not the later one, so the clock often starts before the lease term formally ends. If any portion is retained, the landlord must deliver a written statement identifying the exact reasons, including the comprehensive damage list required by 44-7-33 where the reason is damage, accompanied by payment of the difference; mailing the statement and payment to the tenant's last known address by first-class mail is deemed compliance. A separate and earlier clock runs first: within three business days after that same trigger, the landlord must inspect and compile the damage list with estimated dollar values, and the tenant may request to inspect the premises and the list within five business days. Non-exempt landlords must also give move-in and move-out lists, and those lists must themselves carry written notice of the tenant's duty to sign or to dissent, or the landlord loses the 44-7-33(c) preclusion defense.

How much you can collect

Georgia caps the security deposit at two months' rent (O.C.G.A. 44-7-30 to 44-7-36 (definitions, cap, escrow, lists, return, penalty, exemption)). The conditions attached to that cap matter as much as the number:

Two months' rent, for residential leases entered into or renewed on or after July 1, 2024 (Safe at Home Act, HB 404, adding O.C.G.A. 44-7-30.1). The cap is on the "security deposit" as O.C.G.A. 44-7-30(3) defines it, and that definition expressly includes damage deposits, advance rent deposits, and pet deposits, so a refundable pet deposit counts against the two months. It excludes fees the lease states are nonrefundable, and money to be applied toward rent or to reimburse services or utilities. The statute bars a landlord from demanding as well as receiving more than the cap, so it binds at signing and not only on what is ultimately held.

What it costs to get this wrong

Missing the O.C.G.A. 44-7-34 deadlines forfeits the landlord's right to withhold any part of the deposit and to bring an action against the tenant for damage to the premises (44-7-35(b)). Failing to return what is owed exposes the landlord to three times the sum improperly withheld plus reasonable attorney's fees, subject to a bona fide error defense that drops liability to the sum actually withheld (44-7-35(c)). One exemption matters here: 44-7-35 is among the sections that do not apply to a natural person who, with spouse and minor children, owns ten or fewer rental units and uses no fee-based manager (44-7-36), so the forfeiture and treble-damages provisions do not reach those landlords, even though the 44-7-34 return duty and the 44-7-30.1 cap still do.

Holding the deposit

Deposits must be kept in an escrow account established only for that purpose in a regulated depository, held in trust, with the tenant informed in writing of the account's location, or covered by a surety bond posted with the superior court clerk (O.C.G.A. 44-7-31, 44-7-32). Exemption: a natural person who, together with spouse and minor children, owns ten or fewer rental units is exempt from 44-7-31, 44-7-32, 44-7-33 and 44-7-35, which is escrow, bond, both inspection lists, and the whole remedies section, but NOT from 44-7-34 (the return deadline, the wear-and-tear bar, and the written statement) or from the 44-7-30.1 cap. The exemption is destroyed for any unit whose management, including rent collection, is performed by a third person for a fee, so engaging a paid property manager removes it.

Common questions

How long does a Georgia landlord have to return a security deposit?

30 days, under O.C.G.A. 44-7-30 to 44-7-36 (definitions, cap, escrow, lists, return, penalty, exemption). When that clock starts, and what has to accompany the money, is set out in the statute: All landlords, regardless of size, must return the deposit within 30 days after obtaining possession of the premises as provided in O.C.G.A. 44-7-33(b), whose own trigger is termination of the lease and vacation of the premises, or surrender and acceptance of the premises, whichever occurs FIRST. The trigger is the earlier of those two events, not the later one, so the clock often starts before the lease term formally ends. If any portion is retained, the landlord must deliver a written statement identifying the exact reasons, including the comprehensive damage list required by 44-7-33 where the reason is damage, accompanied by payment of the difference; mailing the statement and payment to the tenant's last known address by first-class mail is deemed compliance. A separate and earlier clock runs first: within three business days after that same trigger, the landlord must inspect and compile the damage list with estimated dollar values, and the tenant may request to inspect the premises and the list within five business days. Non-exempt landlords must also give move-in and move-out lists, and those lists must themselves carry written notice of the tenant's duty to sign or to dissent, or the landlord loses the 44-7-33(c) preclusion defense.

Does Georgia cap the security deposit?

Yes, two months' rent. Two months' rent, for residential leases entered into or renewed on or after July 1, 2024 (Safe at Home Act, HB 404, adding O.C.G.A. 44-7-30.1). The cap is on the "security deposit" as O.C.G.A. 44-7-30(3) defines it, and that definition expressly includes damage deposits, advance rent deposits, and pet deposits, so a refundable pet deposit counts against the two months. It excludes fees the lease states are nonrefundable, and money to be applied toward rent or to reimburse services or utilities. The statute bars a landlord from demanding as well as receiving more than the cap, so it binds at signing and not only on what is ultimately held.

What happens if a Georgia landlord misses the deadline or withholds wrongly?

Does a Georgia security deposit have to be held a particular way?

The deposit paperwork is the part that gets lost. PropManager keeps the deposit on the lease, the move-out itemization with the tenant's file, and the refund in the ledger, so the record exists before a dispute does.

Sources

O.C.G.A. 44-7-30 to 44-7-36 (definitions, cap, escrow, lists, return, penalty, exemption). Source: https://www.legis.ga.gov/api/legislation/document/20172018/178947. Verified 2026-08-22.

General information, not legal advice. Check your own lease and any city or county ordinance before you rely on it.