DisputeKit / Georgia
How long does a Georgia landlord have to return a security deposit?
30 days. Under Official Code of Georgia § 44-7-34, a landlord must return the security deposit, or give the tenant a written statement of the exact reasons for keeping any part of it (including the final damage list) together with payment of the balance within 30 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord shows the withholding was unintentional and resulted from a bona fide error.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 30 days run from when the landlord obtains possession of the premises.
- The landlord may meet the deadline by mailing the statement and payment by first-class mail to the tenant's last known address.
What Georgia law says about deductions and your rights
- A landlord may not keep any of the deposit for ordinary wear and tear; deductions may cover unpaid rent and late fees, utilities, pet fees, cleaning or repairs the tenant contracted for, and actual damage.
- The landlord must inspect within 3 business days after the lease ends and the tenant vacates; a tenant who attends and signs the final damage list, or does not dissent to specific items in writing, may lose the right to contest them.
- An individual who (with spouse and minor children) owns ten or fewer rental units and manages them without a paid agent is exempt from the damage-list, forfeiture and treble-damages provisions, but must still return the deposit within 30 days.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Georgia is $15,000 in magistrate court, and the filing fee is set by each county's magistrate court; check with the local clerk.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Georgia?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Georgia law allows a court to award three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord shows the withholding was unintentional and resulted from a bona fide error. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Georgia is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.