Georgia Small Claims Court Guide for Renters

Dispute Resolution & Legal Aid Georgia published June 21, 2025 Flag of Georgia

If you're a renter in Georgia and facing an issue like an unreturned security deposit, needed repairs, or a payment dispute, small claims court offers a straightforward way to resolve your concerns without the need for a lawyer. This guide explains exactly how Georgia renters can use small claims court, including which forms you'll need and where to find official help.

What Is Small Claims Court in Georgia?

Small claims court in Georgia, officially known as "Magistrate Court," is designed for quickly resolving disputes involving relatively small amounts of money. For renters, this often includes situations such as:

  • Security deposit disagreements
  • Unpaid rent or damages
  • Minor repair or maintenance cost disputes

The maximum claim for Magistrate Court is $15,000, according to Georgia law.[1]

Who Handles Rental Disputes in Georgia?

Rental disputes and small claims involving landlord-tenant matters are handled by the Magistrate Court of Georgia. Each county has its own Magistrate Court office, so you file in the county where your rental property is located.

Relevant Laws for Georgia Renters

The main law protecting tenant rights in Georgia is found in the Georgia Landlord-Tenant Act (Title 44, Chapter 7 of the Official Code of Georgia Annotated).[2]

Georgia Small Claims Court Forms: What Renters Need

Renters typically need the following key form to start a small claims process in Georgia:

  • Statement of Claim (Magistrate Court) – There is no official statewide form number, but counties provide their own. For example, you can find the Fulton County Statement of Claim Form.
    • When to use: When you believe your landlord owes you money (e.g., for security deposits or repairs).
    • Example: If your landlord did not return your $1,000 security deposit, file this form in the Magistrate Court of your rental’s county.

You may also need:

  • Service of Process Information Sheet – Provided by the county. This helps the court know where and how to notify the landlord of the case.

Tip: Always check your specific county Magistrate Court website for the latest forms and filing instructions.

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How Renters Can File a Small Claims Action in Georgia

Though the process is straightforward, following the steps below can help prevent mistakes and delays:

Step-by-Step Filing Process

  • Gather evidence of your dispute (receipts, photos, written communication).
  • Find your county’s Magistrate Court and obtain the Statement of Claim form.
  • Fill out the Statement of Claim completely and honestly. Attach supporting documents if possible.
  • Submit the form (in person or online, where available) and pay the filing fee. Ask about fee waivers if you have limited income.
  • The court will notify ("serve") your landlord. They may respond with their own evidence.
  • Attend the scheduled hearing. Bring all copies of your documents and be ready to explain your side simply.
  • Wait for the judge’s decision. If you win, the court can order payment or action from the landlord.
If you are unsure how to fill out the forms or present your case, contact your county's Magistrate Court clerk—they can help explain the steps, though they cannot provide legal advice.

What to Expect at the Hearing

Hearings in Georgia Magistrate Court are informal, but you should still be prepared. Both you and your landlord can present information. Most cases are decided on the day of your hearing.

Costs, Deadlines, and Considerations

  • Filing fees: Vary by county but often between $50–$100. Some courts allow you to apply to waive the fee if you cannot afford to pay it.
  • Time limits: Georgia law generally allows claims to be filed up to six years from the incident for written contracts, but it’s best to act quickly.[3]
  • Max claim size: $15,000 per case.
  • Appeals: Either party can appeal the decision, but strict deadlines apply.

Being well-prepared and understanding your rights under Georgia law can help you present your case confidently and get the fair outcome you deserve.

Frequently Asked Questions

  1. How much can I sue for in Georgia small claims court?
    The maximum claim in Georgia's Magistrate Court is $15,000 per case.
  2. Can I file against my landlord if they don't return my deposit?
    Yes. If you believe your security deposit was wrongly withheld, you can file a Statement of Claim in your local Magistrate Court.
  3. Will I need an attorney to file in small claims court?
    No. Most renters represent themselves, and the process is designed to be accessible without a lawyer.
  4. What if I cannot afford the filing fee?
    Many counties offer a fee waiver or "affidavit of indigency" option; ask your court clerk for details and forms.
  5. Where do I find the correct forms for my county?
    Visit your county Magistrate Court website or ask the clerk in person for help.

Conclusion: Key Takeaways for Georgia Renters

  • Georgia Magistrate Court offers a simple path for renters to settle money disputes with landlords up to $15,000.
  • Start by gathering evidence, using your county’s Statement of Claim form, and contacting your Magistrate Court clerk for the latest instructions.
  • You do not need an attorney—Magistrate Court is designed for everyday people.

With preparation and the right forms, Georgia renters can seek fair solutions when landlord disputes cannot be resolved informally.

Need Help? Resources for Renters

  1. See: Georgia Magistrate Courts - About
  2. Read the Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Ch. 7)
  3. Limitation on filing: Georgia Code § 9-3-24 - Contracts in Writing; Six-Year Limitation

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Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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