Georgia Security Deposit Rules: Move-In Lists, Move-Out Inspections and the 30-Day Return
James Brazil lives in Mérida, Mexico. He founded Swift Agent Sites and studied Classics at the University of Mississippi.
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Under Georgia's security deposit law, a covered landlord must give you a written list of existing damage before you pay a deposit. After you move out, they inspect within three business days. Then they return your deposit, or explain deductions in writing, within 30 days. Some small landlords are exempt from parts of the law.
What happens at move-in?
Under O.C.G.A. 44-7-33, before taking a security deposit, the landlord has to give you a comprehensive list of any existing damage to the unit. You get to inspect the unit and the list.
- If you agree, sign the list.
- If you disagree, write down which items you dispute and sign that.
- Keep a copy. It's the baseline for your move-out.
Take your own dated photos and video of every room, including floors, walls, appliances and inside cabinets. Email them to yourself or the landlord so there's a timestamp.
How does the move-out inspection work?
Georgia sets a clear timeline once the lease ends and you've moved out:
- The landlord inspects within 3 business days after the tenancy ends and the unit is vacated, and prepares a list of damage.
- You can inspect within 5 business days after the tenancy ends to see if you agree with that list.
- Sign or dissent in writing. If you sign the list without objection, you generally can't challenge those items later. If you dissent, you can only later sue to recover over the specific items you listed.
Ask the landlord when the inspection will happen and try to be there. Bring your move-in list and photos.
When does the deposit have to be returned?
Under O.C.G.A. 44-7-34, the landlord has 30 days after you give up possession to:
- Return the full deposit, or
- Send a written statement listing the reasons for keeping any part of it, along with a copy of the move-out damage list, and return the rest.
The landlord meets the deadline by sending it first-class mail to your last known address. If the payment comes back undelivered and the landlord can't find you after a reasonable effort, the money becomes theirs 90 days after it was mailed. So give your forwarding address in writing before you leave, and keep a copy.
What can a landlord deduct?
A landlord can't keep money for ordinary wear and tear, as long as there wasn't negligence, carelessness, accident or abuse by you, your household or your guests. Ordinary wear and tear is the kind of aging that comes from ordinary living, like faded paint, minor scuffs or worn carpet in walkways.
Deductions Georgia law allows include:
- Unpaid rent and late fees.
- Unpaid utility charges.
- Unpaid pet fees.
- Abandoning the unit.
- Repair or cleaning work you hired a third party to do and didn't pay for.
- Damage beyond normal wear and tear, as shown on the move-out list.
- Actual damages from breaking the lease, as long as the landlord tries to limit them, for example by trying to re-rent.
Ask for receipts or estimates for any repair charges you think are too high.
What if the landlord doesn't follow the rules?
Under O.C.G.A. 44-7-35, a landlord who wrongfully keeps any part of a deposit can owe you three times the amount wrongfully withheld, plus reasonable attorney's fees. A landlord who shows the mistake was a bona fide error, despite reasonable procedures to avoid it, may only owe the amount withheld.
Georgia law also says that a landlord who doesn't provide the required lists and written statement on time forfeits the right to keep any part of the deposit, or to sue you for damage to the unit. Covered landlords also have to keep deposits in an escrow account or post a surety bond.
Most disputes start with a written demand letter. If that doesn't work, magistrate court handles small claims, and many renters file without a lawyer.
Does the law apply to every landlord?
Not all of it. Under O.C.G.A. 44-7-36, the escrow, move-in and move-out list, and penalty sections don't apply to a natural person who, together with a spouse and minor children, owns 10 or fewer rental units. The exception doesn't apply if a third party manages the units for a fee, like a property management company.
Notice what's not on that list. The 30-day return section, 44-7-34, isn't among the sections the exemption names. If you rent from a small landlord, read your lease closely and ask a local legal aid office or attorney which rules apply. You can still take a dispute to magistrate court, though triple damages may not be available.
How do you protect your deposit when you move?
- Clean thoroughly and fix small things you broke, like a towel bar.
- Take move-out photos and video right after you finish.
- Return all keys and get a written receipt.
- Give written notice of your forwarding address.
- Calendar 30 days from the date you returned possession.
FAQ
How long does a Georgia landlord have to return a security deposit?
30 days after you give up possession, either with the full deposit or a written list of deductions and the balance.
Can a Georgia landlord charge for normal wear and tear?
No. Deductions are limited to things like unpaid rent, fees and damage beyond normal wear and tear.
What's the penalty for wrongfully keeping a deposit in Georgia?
Up to three times the amount wrongfully withheld, plus reasonable attorney's fees, unless the landlord shows a bona fide error.
Do Georgia deposit rules apply to small landlords?
Partly. A natural person who owns 10 or fewer units, with no paid manager, is exempt from the escrow, damage list and penalty sections.
Next step
If you're planning a move from a rental to a home you own, talk with a licensed local agent about timing your move-out inspection and closing date so you aren't paying two places at once.
Sources: O.C.G.A. 44-7-33 (Georgia Commons); O.C.G.A. 44-7-34 (Georgia Commons); O.C.G.A. 44-7-35 (Georgia Commons); O.C.G.A. 44-7-36 (Georgia Commons).
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