Georgia Security Deposit Return Deadline & Penalty Calculator
Thursday, November 12, 2026
Computed as 30 calendar days under O.C.G.A. §§ 44-7-34 – 44-7-35.
Georgia Small Claims Court cap: $15,000 — eligible for Small Claims Court filing.
Georgia Security Deposit Rules at a Glance (O.C.G.A. §§ 44-7-34 – 44-7-35)
30 calendar days (one month) after the termination of the lease or the surrender and acceptance of the premises under O.C.G.A. § 44-7-34. The landlord must mail the remaining balance and an itemized statement specifying the exact reasons for any deductions to the tenant's last known address.
| Deadline (No Deductions) | 30 calendar days |
|---|---|
| Deadline (With Itemized Deductions) | 30 calendar days |
| Maximum Deposit Cap | No statutory cap under Georgia state law; landlords may set any security deposit amount agreed to in the residential lease agreement. |
| Bad-Faith / Late Penalty | Under O.C.G.A. § 44-7-35(c), any landlord who fails to return the deposit or provide the itemized deduction statement within 30 days forfeits the right to withhold any part of the deposit. If the withholding was intentional, the landlord is liable for triple (3x) the amount of the deposit wrongfully withheld, plus reasonable attorney's fees. |
| Deposit Interest Rule | Not mandated under Georgia law. Landlords owning more than 10 rental units or using a management company must place deposits in an approved escrow bank account registered with the state, but are not required to pay interest to tenants. |
| Small Claims Court Limit | $15,000 |
Related Georgia Rental Compliance Tools
Georgia Rent Late Fee & Grace Period Tool
Check mandatory grace periods, statutory percentage caps, and illegal overcharge remedies.
Escrow Interest →Georgia Deposit Interest & Escrow Calculator
Calculate annual statutory interest yields, banking escrow rules, and landlord admin fees.
Key Georgia Statutory Nuances & Documentation Rules
- Move-Out Inspection Within 3 Business Days: Under O.C.G.A. § 44-7-33, the landlord must inspect the premises within 3 business days of surrender, compile a list of damages, and allow the tenant to inspect within 5 business days.
- 10+ Unit Escrow Rules (§ 44-7-31): Landlords owning more than 10 rental units must hold security deposits in an escrow bank account dedicated exclusively to deposits, or post a surety bond with the clerk of the superior court.
- Automatic Forfeiture of Deductions (§ 44-7-35(a)): Missing the 30-day deadline strips the landlord of the legal authority to deduct for damages or assert any counterclaims against the deposit funds.
- Unclaimed Funds After 90 Days: If a refund check mailed to the tenant's last known address is returned as undeliverable, the landlord must make a reasonable effort to locate the tenant; after 90 days, the funds may be retained by the landlord.
Atlanta Townhome Move-Out with Disputed Repair Costs
A tenant moves out of an Atlanta townhouse on June 30, 2026 after paying a $2,000 security deposit. Under O.C.G.A. § 44-7-34, the landlord has 30 calendar days (until July 30, 2026) to mail the refund and an itemized damage list. If the landlord withholds $1,200 for repainting without sending the list by July 30, they forfeit all deduction claims. In Georgia Magistrate Court (small claims limit $15,000), if the court finds the refusal was intentional under § 44-7-35(c), the tenant can recover $3,600 (3x the $1,200 withheld) plus mandatory attorney fees.
Georgia Security Deposit Return FAQs
How long does a landlord have to return a deposit in Georgia?
Under Official Code of Georgia Annotated (O.C.G.A.) § 44-7-34, a landlord must return the full security deposit or provide a written itemized list of deductions and the remaining refund within 30 calendar days (one month) after lease termination.
Can a Georgia landlord keep my deposit without giving a list of damages?
No. Under O.C.G.A. § 44-7-35(a), a landlord who fails to return the deposit or provide the itemized list of damages within 30 days forfeits all rights to withhold any portion of the security deposit or bring an action against the tenant for damages.
What is the penalty for intentional withholding of a deposit in Georgia?
Under O.C.G.A. § 44-7-35(c), if a landlord intentionally fails to return the deposit or deliver the damage accounting, the tenant is entitled to triple the amount of the deposit wrongfully withheld, plus reasonable attorney's fees.
What is the move-out inspection timeline in Georgia?
Under O.C.G.A. § 44-7-33, the landlord must inspect the premises within 3 business days after tenancy termination and compile an itemized list of damages. The tenant has the right to inspect the premises within 5 business days to confirm or dispute the listed damage.