Georgia Security Deposit Return Deadline
- Penalty for missing it
- 3x (three times the amount withheld) + attorney's fees (Intentional and wrongful withholding (§ 44-7-35). Defense: landlord avoids treble damages by showing withholding was not intentional and resulted from an error that occurred despite procedures reasonably designed to avoid it.)
- The law
- O.C.G.A. § 44-7-34 (deadline); § 44-7-35 (penalty); scope/inspections at §§ 44-7-31, 44-7-33, 44-7-36
The rule
One MONTH after termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last. Landlord must return full deposit or deliver a written statement listing exact reasons for retention, with payment of the difference (§ 44-7-34(a)).
- LIMITED SCOPE: the whole deposit article applies only to owners of 10+ units or units managed by a third party for a fee; owners of ≤10 self-managed units are EXEMPT (§ 44-7-36) — including from the 3x penalty.
- Escrow REQUIRED: deposits must be held in an escrow account at a state/federally regulated depository (or surety bond posted); tenant must be told the account's location (§ 44-7-31). Failure to escrow = forfeiture of the right to withhold.
- Strict inspection regime: landlord must give a signed move-IN damage list before collecting the deposit; must inspect within 3 BUSINESS days after move-out and produce a comprehensive damages list with estimated dollar values; tenant may re-inspect within 5 business days (§ 44-7-33).
- No statutory cap on deposit amount; no interest required.
What happens if your landlord misses the deadline
In Georgia, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on O.C.G.A. § 44-7-34 (deadline); § 44-7-35 (penalty); scope/inspections at §§ 44-7-31, 44-7-33, 44-7-36 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in Georgia
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing O.C.G.A. § 44-7-34 (deadline); § 44-7-35 (penalty); scope/inspections at §§ 44-7-31, 44-7-33, 44-7-36 and the 3x (three times the amount withheld) + attorney's fees penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
Georgia deposit questions
How long does my Georgia landlord have to return my deposit?
One MONTH after termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last. Landlord must return full deposit or deliver a written statement listing exact reasons for retention, with payment of the difference (§ 44-7-34(a)).
What if my landlord never sends an itemized list of deductions?
In most states — including Georgia — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check O.C.G.A. § 44-7-34 (deadline); § 44-7-35 (penalty); scope/inspections at §§ 44-7-31, 44-7-33, 44-7-36 for the exact rule.
Can I get more than my deposit back in Georgia?
Georgia law allows 3x (three times the amount withheld) + attorney's fees for Intentional and wrongful withholding (§ 44-7-35). Defense: landlord avoids treble damages by showing withholding was not intentional and resulted from an error that occurred despite procedures reasonably designed to avoid it.. See our penalties guide for how judges apply this.
Source: https://www.benning.army.mil/MCoE/SJA/content/pdf/20230725%20Georgia%20Security%20Deposit%20Information%20for%20Tenants.pdf · Verified 2026-10-09