Understanding Security and Damage Deposit Laws in Georgia

As a renter in Georgia, understanding how security deposits and damage deposits work is critical for protecting your finances and peace of mind. Knowing your rights—and your landlord’s obligations—when it comes to deposits can help prevent disputes and unexpected costs at move-out. This guide explains the rules, official forms, and supports available to renters, all based on Georgia’s most current laws.

What Is a Security Deposit vs. a Damage Deposit in Georgia?

In Georgia, the law typically refers to all up-front deposits beyond rent as “security deposits.” However, some landlords may use the term “damage deposit.” Here’s what you need to know:

  • Security deposit: Money paid by the renter to cover unpaid rent or repair costs for damage beyond normal wear and tear.
  • Damage deposit: Not officially recognized as a separate category in Georgia law, but sometimes referenced by landlords. In practice, any deposit for possible damage is treated as part of the security deposit.

Georgia’s laws set clear rules for how these deposits must be handled, protected, and returned.

Georgia Security Deposit Rules: What You Should Know

Georgia law (see O.C.G.A. § 44-7-33) requires landlords to follow specific requirements related to security deposits, including:

  • Landlords must keep security deposits in an escrow account or post a security bond if they own more than 10 rental units.
  • At move-in and move-out, landlords must provide a written move-in inspection list, also known as a "Move-In/Move-Out Condition Report".
  • The maximum amount of a security deposit is not capped by state law, so landlords can set the amount, unless restricted by local ordinances.
  • Deposits must be returned (minus allowable deductions) within one month (30 days) of the lease ending and the renter vacating the unit.
  • If any deductions are made, the landlord must provide a written statement listing damages and amounts withheld.

Allowable Deductions from Your Deposit

  • Unpaid rent or fees
  • Damage beyond normal wear and tear
  • Costs to repair or clean due to misuse or neglect

Landlords cannot withhold deposit money for normal wear, such as faded paint or carpet wear.

Ad

Official Move-In/Move-Out Inspection Forms

Before you move in or out, Georgia law requires landlords to complete a written inspection checklist with you—often called the Move-In/Move-Out Condition Report. This protects both parties by documenting the property’s condition.

  • Form Name: Move-In/Move-Out Inspection List
  • How it’s used: At move-in, both you and your landlord walk through the unit and note any existing damage or issues. You each sign the form. At move-out, this form helps determine if there are new damages and if deposit deductions are justified.
  • Where to get it: Georgia law doesn’t mandate a specific state form, but sample checklists are provided by local authorities such as the Georgia Department of Community Affairs (see their Landlord-Tenant Guide for samples).

How to Get Your Security Deposit Returned

If your lease has ended and you’ve moved out, here are actions you can take if your deposit is being withheld without reason:

You are not required to use a special form, but submitting clear documentation (move-in/move-out lists, photos, and written requests) will strengthen your case.

Tip: Always take photos and keep copies of all move-in/move-out forms and requests to protect your deposit rights.

Georgia's Residential Tenancy Oversight

The Magistrate Court of Georgia is the official tribunal that handles security deposit disputes and other landlord-tenant small claims cases. Refer to your local county magistrate court for filing instructions and assistance.

FAQ: Georgia Security Deposit Rules

  1. How long does a landlord have to return a security deposit in Georgia?
    Landlords must return the deposit—minus any deductions—within 30 days after the lease ends and the renter moves out.
  2. Can a landlord charge a separate damage deposit in Georgia?
    No, Georgia law treats all deposits (except pre-paid rent or pet deposits) as part of the security deposit and applies the same rules to them.
  3. What can I do if my landlord keeps my deposit unfairly?
    You can demand the deposit in writing. If there is no response or a refusal, you may file a complaint in the Magistrate Court of Georgia (Small Claims Court).
  4. Is there a maximum amount a landlord can charge for a security deposit?
    Georgia does not set a legal limit for deposit amounts, but some cities or counties may have local rules.
  5. Where can I find an official move-in/move-out inspection checklist?
    While Georgia does not provide a universal state form, you can find sample checklists in the Georgia Landlord-Tenant Guide.

Conclusion: Key Takeaways for Georgia Renters

  • In Georgia, security and damage deposits are regulated by the same laws and must be returned within 30 days.
  • Always complete and keep copies of move-in/move-out inspection lists to protect your rights.
  • Disputes over deposits can be taken to the Magistrate Court of Georgia for resolution.

Understanding these basics empowers you to rent confidently and handle any deposit issues fairly and efficiently.

Need Help? Resources for Renters


  1. Official Code of Georgia Annotated § 44-7-33 (Security Deposits)
  2. Georgia Department of Community Affairs Landlord-Tenant Guide
  3. Magistrate Court of Georgia (residential tenancies resolution)
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.