Breaking a Lease in Georgia

Georgia Security Deposit Law — Limits & Deadlines (2026)

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide explains georgia security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from Georgia law, verified as of June 2026.

Georgia Security Deposit Rules at a Glance

Maximum deposit 2 months’ rent (effective July 1, 2024 under the Safe at Home Act, O.C.G.A. § 44-7-30.1 — applies to leases entered into or renewed on or after that date; some local ordinances set lower limits, such as Atlanta at 1.5 months’ rent)
Return deadline 30
Itemized deductions required YES — under O.C.G.A. § 44-7-34, if the landlord retains any portion of the deposit, they must provide the tenant a written statement listing the exact reasons for each deduction along with a comprehensive list of damages and the estimated dollar value of each item; additionally, within 3 business days of the tenant vacating, landlords who use a management agent or own more than 10 rental units must inspect and compile a damage list (O.C.G.A. § 44-7-33)
Interest on deposit required NO — Georgia law does not require landlords to pay interest on security deposits or place them in interest-bearing accounts
Penalty for late/bad-faith return If the landlord fails to return the deposit or provide an itemized statement within 30 days, they forfeit the right to withhold any portion and must return the full deposit; if the landlord acted in bad faith by willfully failing to return the deposit, the tenant may recover up to 3 times the amount wrongfully withheld, plus reasonable attorney’s fees and court costs (O.C.G.A. § 44-7-35)

Move-in/move-out walkthrough: YES — Georgia requires both move-in and move-out procedures; before collecting a deposit the landlord must provide the tenant a comprehensive written list of all existing damage for the tenant’s permanent retention, and the tenant has the right to inspect and verify accuracy before taking occupancy (both parties sign the list); at move-out, landlords who employ a management agent or own more than 10 rental units must inspect the premises within 3 business days and compile a list of damages with estimated costs (O.C.G.A. § 44-7-33)

Separate deposit account: YES — under O.C.G.A. § 44-7-31, the landlord must deposit security funds in an escrow account at a bank or lending institution regulated by the state of Georgia or a federal agency, kept separate from the landlord’s personal funds; the landlord must notify the tenant in writing of the location of the escrow account; as an alternative, the landlord may post a surety bond with the court equal to the total deposit amount or 50000 (whichever is less); failure to comply forfeits the right to retain any portion of the deposit

What Your Landlord Can and Cannot Deduct in Georgia

Unpaid rent; late payment fees; unpaid utility charges; damage to the premises beyond normal wear and tear caused by the tenant, household members, or guests; cleaning costs related to tenant damage (not routine cleaning from normal use); repair work or cleaning contracted by the tenant with third parties but left unpaid; unpaid pet fees; costs arising from the tenant’s abandonment of the premises; and actual damages from the tenant’s breach of the lease

Normal wear and tear vs damage: Georgia law (O.C.G.A. § 44-7-34) states that no deposit may be retained for ordinary wear and tear resulting from normal use of the premises for their intended purpose, provided there was no negligence, carelessness, accident, or abuse by the tenant or their household or guests; examples of normal wear and tear that cannot be deducted include nail holes, scuffed baseboards, minor marks on walls, faded paint, and worn carpet from ordinary foot traffic

How to Get Your Deposit Back in Georgia

A Georgia tenant should first send a written demand letter to the landlord requesting the return of the deposit and citing O.C.G.A. § 44-7-34; if the landlord does not comply, the tenant may file a claim in Georgia Magistrate Court (small claims court), which handles disputes up to 15000; filing fees are approximately 45 to 75; Magistrate Court does not require an attorney, making it accessible for self-represented tenants; if the tenant can show the landlord acted in bad faith, they may recover up to 3 times the deposit plus attorney’s fees

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Other Georgia deposit rules: Georgia requires landlords to provide a written move-in damage list before collecting any deposit — failure to do so may forfeit the landlord’s right to retain any portion at move-out; the escrow account or surety bond requirement is mandatory and non-compliance also triggers forfeiture of the right to withhold; the 2-month deposit cap under the Safe at Home Act (effective July 1, 2024) applies to all residential leases entered into or renewed after that date and includes pet deposits in the cap; landlords with 10 or fewer units who do not use a management agent are exempt from the 3-business-day move-out inspection requirement but are still subject to the 30-day return deadline and itemization requirement; unclaimed deposits (when a tenant cannot be located) must be handled according to the Georgia Disposition of Unclaimed Property Act

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Official Georgia Sources & Resources

Understanding Georgia Security Deposit Law

Your Georgia security deposit is your money until the landlord proves a lawful deduction. Georgia security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the Georgia security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.

Document the condition of your unit at move-in and move-out — photos are the best protection for your Georgia security deposit.

This Georgia security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.

More Georgia Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.