Georgia Security Deposit Laws: Limits & Return Deadlines

Understanding your rights around security deposits can help you avoid surprises when moving in or out of a rental property. In Georgia, state law sets guidelines about how much your landlord can charge for a security deposit and how quickly it must be returned. This helps protect both renters and landlords from misunderstandings or unfair practices.

Georgia Security Deposit Limits

Unlike some states, Georgia does not set a statutory maximum for security deposit amounts. This means landlords can require any amount they deem reasonable, unless your town or city has stricter rules. However, amounts must be reasonable and not discriminatory.

• No statewide cap: Your landlord may set the deposit amount, but review your lease and ask questions if the sum seems unusually high.
• Most deposits are typically equal to one month’s rent, but this is not required by law.
• Deposits cannot be charged as a way of discriminating or retaliating against tenants.

When and How Your Security Deposit Must Be Returned

Georgia law specifies what your landlord must do with your deposit after you move out:

• Return deadline: Landlords must return your security deposit within one month (30 days) after you move out and return keys.
• If any deductions are made (for damage beyond normal wear and tear, unpaid rent, etc.), landlords must provide a written list of damages and amounts deducted.

Move-Out Inspection Reports

Georgia law requires landlords to perform a move-out inspection and create a written list of any damages they believe justify part or all of your deposit being withheld. You have the right to inspect the property with your landlord at move-out, review the itemized list, and add your own comments if you disagree.

The move-in and move-out inspection process is important for avoiding disputes over your deposit. Always request a copy of the inspection report and keep records of your own.

Official Forms and Documentation

• Move-In/Move-Out Inspection Form: While Georgia does not publish a universal state form, landlords are required by law to use a check-in/check-out list. This list should note all pre-existing damage and compare conditions at move-out.
  Example: When you move in, the landlord gives you a checklist to mark the apartment condition. When you move out, you use the same list with the landlord to compare and mark any changes. Always ask for a copy.
• Written Statement of Damages: If any part of your deposit is withheld, your landlord must send this itemized statement within 30 days. If not, you may pursue the full return of your deposit.

What If My Security Deposit Isn’t Returned?

If your landlord doesn’t return your deposit within 30 days or you disagree with deductions, you can take the following steps:

• Send a written request to your landlord to return the deposit (keep a copy for your records).
• If there’s still no response, you can file a claim in Georgia Magistrate Court (known as small claims court) to recover your money. No lawyer is required for claims under $15,000.

Relevant Tenancy Legislation in Georgia

• Official Code of Georgia Annotated (O.C.G.A.) § 44-7-30 to § 44-7-37: Landlord and Tenant

This set of statutes covers the rules for handling security deposits, inspections, and landlord-tenant relationships in Georgia.

Which Tribunal Handles Rental Disputes?

In Georgia, the Magistrate Court of your county handles most rental deposit disputes and other landlord-tenant matters. You can represent yourself and apply to recover your deposit if laws are not followed.

FAQ: Georgia Security Deposit Issues

1. How much can a landlord charge for a security deposit in Georgia?
   There is no statewide legal cap on security deposit amounts in Georgia, so the landlord may set the amount unless restricted by your lease or local ordinances.
2. How long does a landlord have to return my security deposit after I move out?
   Your landlord must return the security deposit, with any deductions itemized, within 30 days of your lease ending and keys being returned.
3. What if my landlord keeps my deposit for damages I didn’t cause?
   Georgia law requires landlords to provide an itemized damage list. If you disagree, you may contest the deduction and file a claim in Magistrate Court if necessary.
4. Do I have to be present for the move-out inspection?
   No, but you have the right to request to be present. It’s wise to do so to review and add your own comments to the inspection list.
5. Can a landlord keep my entire deposit if I broke the lease early?
   They may deduct costs directly resulting from the lease break, such as unpaid rent or damages, but cannot keep the full deposit automatically unless justified by costs and outlined in the itemized statement.

Conclusion: Key Takeaways

• There is no maximum limit on Georgia security deposits, but rules exist for their handling and return.
• Your landlord must return your deposit within 30 days, along with a detailed list of any deductions.
• If you dispute deductions or non-return, you can file in your county's Magistrate Court without a lawyer.

Read your lease carefully and document the rental’s condition at move-in and move-out to help ensure a smooth return of your security deposit.

Need Help? Resources for Renters in Georgia

• Georgia Legal Aid – Free legal help, guides, and renter resources
• Georgia Consumer Protection Division – File complaints and learn about your tenant rights
• Georgia Magistrate Court – File a small claim or get court contact info
• Georgia Department of Community Affairs: Landlord-Tenant Information

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1. Official Code of Georgia Annotated (O.C.G.A.) § 44-7-30 – § 44-7-37
2. Georgia Law: Move-in/Move-out Inspection Form and Procedure
3. Georgia Magistrate Court

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