Georgia Security Deposit Laws: Key Tenant Protections

Understanding security deposit laws in Georgia can help you protect your rights as a renter and avoid common disputes with landlords. In Georgia, state law sets clear rules about how much your landlord can collect, how they must handle your deposit, and when it must be returned. Staying informed ensures a smoother move-out process and helps you get back what you're owed.

What Is a Security Deposit in Georgia?

A security deposit is money you pay your landlord before moving in, intended to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. Georgia law allows landlords to collect a security deposit, but they must follow specific legal requirements when managing and returning it.

Georgia Rules: Security Deposit Amounts, Storage, and Deadlines

Georgia law does not limit the amount a landlord can charge for a security deposit. However, clear requirements apply to how the deposit is handled and returned:

• Separate Bank Account: Landlords with more than 10 rental units or who do not manage the property themselves must place deposits in a separate escrow account or post a surety bond with the clerk of the superior court.
• Move-in and Move-out Inspections: Landlords must provide a detailed list of existing property damage before you move in and do a walkthrough with you. When you move out, another inspection and written list of damages must be provided.
• Return Deadline: Your security deposit must be returned within one month (30 days) of moving out, minus lawful deductions.
• Itemized Deductions: If any amount is withheld, you must receive a written itemized statement of damages and costs within 30 days.

What Can a Landlord Deduct From a Security Deposit?

Typical permitted deductions include:

• Unpaid rent or late fees
• Repair of damage beyond normal wear and tear
• Unpaid utilities

Landlords cannot deduct for ordinary wear and tear or for issues that existed before you moved in (as recorded on the move-in inspection).

Your Rights: Getting Your Security Deposit Back

To maximize your chances of receiving your full deposit, you should:

• Request a move-in inspection and retain a copy of the checklist
• Photograph the property at move-in and move-out
• Leave a forwarding address in writing
• Request written documentation for any deductions

What To Do if Your Security Deposit Is Not Returned

If your landlord fails to return your deposit within 30 days or unlawfully withholds funds:

• Send a written demand letter outlining your request and legal rights
• If unresolved, you can file a claim in Magistrate Court (Small Claims) in your county
• The maximum amount you can claim in small claims court is $15,000 (as of this year)

Relevant Official Forms for Renters

• Move-In/Move-Out Inspection Checklist
  Required for landlords with more than 10 units. Used during tenant move-in and move-out to document property condition.
  Download the sample Move-In/Move-Out Inspection Form (Georgia.gov)
  Example: Use this checklist to record pre-existing property issues when you move in. You and your landlord must review and sign it together.
• Statement of Security Deposit Deductions
  This is a landlord-generated form detailing reasons for any money withheld from your deposit. While not filed by renters, you should request a copy if deductions occur.
  No official state form exists, but deductions must be provided in writing according to law.
• Magistrate Court Claim Form
  Used to file a small claims action for security deposit disputes.
  Statement of Claim Form (Sample, Magistrate Court)
  Example: If your deposit isn’t returned, fill out this form to start a claim with your local Magistrate Court.

Which Tribunal Handles Rental Disputes in Georgia?

Security deposit disputes are handled by the Georgia Magistrate Court. Each Georgia county has its own Magistrate Court for small claims and landlord-tenant issues.

Key Tenancy Laws in Georgia

The main legislation protecting Georgia renters is:

• Georgia Code Title 44, Chapter 7 – Landlord and Tenant
• Section 44-7-30 to 44-7-37: Security Deposits

These sections cover deposit limits, storage, return process, allowable deductions, and your rights during tenancy.

Frequently Asked Questions About Security Deposits in Georgia

1. How long does my landlord have to return the security deposit in Georgia?
   Landlords must return your security deposit within 30 days after your lease ends and you vacate the property.
2. Can my landlord keep my deposit for normal wear and tear?
   No. Georgia law prohibits landlords from deducting for normal wear and tear. Deductions are allowed only for excessive damage, unpaid rent, or breaches of the lease.
3. What if I did not attend the move-out inspection?
   If you were not notified or able to attend, the landlord must still provide the list of damages. You may dispute any item you believe is incorrect.
4. Is there a limit on the amount of a security deposit in Georgia?
   No. State law does not set an upper limit on deposits, but many landlords charge the equivalent of one month's rent.
5. Can I sue my landlord if my security deposit is not returned?
   Yes. If your landlord fails to return your deposit after 30 days, you may file a claim in Georgia Magistrate Court for the amount plus potential damages and legal fees.

Key Takeaways for Georgia Renters

• Security deposits must be returned within 30 days or accompanied by a written statement of lawful deductions.
• You have the right to a move-in and move-out inspection and checklists documenting the property’s condition.
• For unresolved disputes, you can take your landlord to Georgia Magistrate Court for up to $15,000.

Being proactive, keeping thorough records, and knowing your rights can help ensure your security deposit is handled fairly.

Need Help? Resources for Renters in Georgia

• Georgia Magistrate Court Finder – Locate your local court for security deposit or eviction disputes
• Georgia Department of Community Affairs: Landlord-Tenant Law – Official guides, FAQs, and links to laws
• Georgia Legal Aid – Free legal information and assistance for renters facing disputes

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1. See: Georgia Code Title 44, Chapter 7 – Landlord and Tenant
2. Security deposit requirements: Section 44-7-30 to 44-7-37
3. Magistrate Court details: Georgia Magistrate Council
4. Official forms and checklists: Sample Move-In/Move-Out Inspection Form

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