Georgia security deposit law: the clock starts when the landlord gets possession back
Last reviewed: · get-book.com
Georgia runs the 30-day clock from the moment the landlord obtains possession back — in practice your move-out plus the return of all keys, fobs and access devices. The treble-damages remedy is strong, but note a real limit: a small natural-person landlord may be partly exempt.
The rule
Within 30 days the landlord must either return the full deposit or send a written statement identifying the exact reasons for any retention, together with the balance owed. Mailing to your last known address by first-class mail counts as delivery. O.C.G.A. § 44-7-34.
The clock starts when the landlord obtains possession — not the lease end date on its own. Hand back every key, fob and access device and keep proof of the date.
The penalty — and who is exempt from it
A landlord who wrongfully withholds can owe up to treble the amount plus reasonable attorney’s fees. O.C.G.A. § 44-7-35.
Important limit: § 44-7-36 partly exempts a natural-person landlord who owns ten or fewer units and does not use a management company, so the treble-damages remedy may not apply to a small landlord. The 30-day return duty still does.
The cap and where a claim goes
For leases entered into or renewed on or after July 1, 2024, the deposit is capped at two months’ rent (HB 404, the Safe at Home Act; O.C.G.A. § 44-7-30.1). Deposit claims go to Magistrate Court (limit $15,000); filing fees vary by county — roughly $45 to $75.
Common questions
- When does the 30-day clock start in Georgia?
- It starts when the landlord obtains possession back — in practice your move-out plus the return of all keys, fobs and access devices, not simply the lease end date. O.C.G.A. § 44-7-34.
- Can I get triple damages from my Georgia landlord?
- Up to treble the amount wrongfully withheld plus attorney’s fees is available under O.C.G.A. § 44-7-35 — but § 44-7-36 partly exempts a natural-person landlord with ten or fewer units who does not use a management company, so the treble remedy may not apply. The 30-day return duty still applies.
- How much can a Georgia landlord charge for a deposit?
- For leases entered into or renewed on or after July 1, 2024, two months’ rent (HB 404, the Safe at Home Act; O.C.G.A. § 44-7-30.1).
- Is this legal advice?
- No. This page is general information about Georgia law, with sources. It is not tailored to your situation and we are not a law firm.
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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.