How much can a landlord deduct from a security deposit in Georgia?
Short answer: Within 30 days after you obtain possession of the premises under O.C.G.A. § 44-7-33(b), return the full deposit—or send a written statement of the exact reasons for any retention (including the move-out damage list when retention is based on damages) together with the balance due (§ 44-7-34(a)). You may not keep money for ordinary wear and tear from intended use. The statute expressly allows retention for unpaid rent or late fees, abandonment, unpaid utilities, tenant-contracted third-party repair or cleaning, unpaid pet fees, or actual damages from the tenant's breach if you attempt to mitigate.
Missing the § 44-7-34 timing for lists and written statements can forfeit your right to withhold anything or to sue for premises damages, and wrongful failure to return what is due can bring treble damages plus attorney's fees (§ 44-7-35)—subject to the small-landlord exemption in § 44-7-36.
Do the math in 2 minutes: the free Kitwright Security Deposit Deduction Calculator prorates replaced items for wear and tear, totals your deductions, estimates the Georgia 30-day date, and prints an itemized statement. No sign-up, and nothing you type leaves your browser.
Who this guide covers
Title 44 Chapter 7 Article 2 (O.C.G.A. §§ 44-7-30 through 44-7-37) sets Georgia's statewide security-deposit rules for residential rental agreements. § 44-7-30 defines a security deposit to include damage deposits, advance rent deposits, and pet deposits (after July 1, 1976), and excludes nonrefundable fees and amounts that are not to be returned under the lease. Some escrow, list, and remedy sections do not apply to certain natural-person landlords with ten or fewer units (§ 44-7-36)—see the exemption section below. The 30-day return rules in § 44-7-34 and the two-month cap in § 44-7-30.1 still matter for those landlords.
How much deposit you can collect
Under O.C.G.A. § 44-7-30.1 (enacted by the Safe at Home Act / HB 404, effective July 1, 2024), no landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent. The Act's applicability note makes that section apply to residential lease agreements entered into or renewed on or after July 1, 2024.
Refundable pet deposits count toward the security deposit under § 44-7-30(3). Separately agreed nonrefundable fees are defined in § 44-7-30(1) and are not security deposits.
Where the deposit must be held
- Escrow account (§ 44-7-31): unless § 44-7-32 or the § 44-7-36 exemption applies, deposit the money in an escrow account established only for that purpose in a bank or lending institution subject to regulation by Georgia or any agency of the United States. Hold it in trust for the tenant (except as provided in § 44-7-34). Inform the tenant in writing of the escrow account's location.
- Surety bond alternative (§ 44-7-32): instead of escrow, post and maintain a surety bond with the clerk of the superior court in the county where the dwelling unit is located, in the amount of the total security deposits you hold or $50,000, whichever is less, with a surety authorized in Georgia.
Interest: Article 2 does not require landlords to pay interest on security deposits.
Move-in and move-out damage lists
Unless the § 44-7-36 exemption applies:
- Before the tenant tenders the deposit (§ 44-7-33(a)): present a comprehensive list of any existing damage for the tenant's permanent retention. The tenant may inspect the premises to check the list before occupancy. Both parties sign the list (conclusive as to accuracy, but not as to latent defects), or the tenant signs a written statement specifically dissenting to listed items.
- After move-out (§ 44-7-33(b)(1)): within three business days after termination of the residential lease and vacation of the premises or surrender and acceptance, whichever occurs first, inspect and compile a comprehensive list of any damage that is the basis for a charge against the deposit, with the estimated dollar value of each. On request, the tenant may inspect the premises and that list within five business days after that same trigger and the landlord's inspection. If the tenant is present at the inspection, both sign (or the tenant specifically dissents in writing). Then comply with § 44-7-34.
- Vacate without notice (§ 44-7-33(b)(2)): inspect and compile the list within a reasonable time after discovering the premises were surrendered by vacancy, sign the list, and then comply with § 44-7-34.
What you can (and can't) deduct
§ 44-7-34(a) bars retaining any security deposit to cover ordinary wear and tear that occurred from using the premises for their intended purposes, provided there was no negligence, carelessness, accident, or abuse by the tenant or members of the household or their invitees or guests.
The same subsection says nothing in it precludes retaining the deposit for:
- Nonpayment of rent or of fees for late payment;
- Abandonment of the premises;
- Nonpayment of utility charges;
- Repair work or cleaning contracted for by the tenant with third parties;
- Unpaid pet fees; or
- Actual damages caused by the tenant's breach, provided the landlord attempts to mitigate the actual damages.
| Generally not a deposit claim | May support a damages claim |
|---|---|
| Carpet worn thin in a hallway from years of normal foot traffic | Carpet stained or destroyed by a pet the current tenant kept |
| Paint faded from sunlight and light furniture scuffs | Large holes, unauthorized paint left unrestored, or marker damage |
| A defect already noted on the signed move-in damage list | A new broken window, missing appliance part, or other post-move-in damage on the move-out list |
Illustrative only—§ 44-7-34 does not list these examples. Keep invoices, receipts and dated photos. If the tenant sues, expect to justify each dollar.
The 30-day written statement and refund
- Deadline: within 30 days after obtaining possession of the premises as provided in § 44-7-33(b) (§ 44-7-34(a)). Count from when you obtain possession under that move-out rule—not from an informal “keys somewhere” date you cannot prove.
- Full return: if you keep nothing, return the full deposit within that window.
- Partial retention: give a written statement identifying the exact reasons for retention. If retention is based on damages to the premises, include the comprehensive damage list prepared under § 44-7-33. Deliver that statement accompanied by payment of the difference between the deposit and the amount retained.
- Mailing: you are deemed to comply by mailing the statement and any required payment to the tenant's last known address by first-class mail.
- Unclaimed refund: if the letter containing the payment is returned undelivered and you cannot locate the tenant after reasonable effort, the payment becomes the landlord's property 90 days after the date it was mailed.
Make the statement: enter each line in the free calculator, then print the itemized statement and send it with the balance due, plus copies of invoices, estimates and photos.
Hypothetical worked example
Hypothetical example (made-up numbers for illustration). A tenant pays $1,600 a month on a one-year lease renewed after July 1, 2024, with a $1,600 deposit (within the two-month cap). The lease ends, the tenant vacates and returns the keys on October 31, 2026, gives a forwarding address, and owes no rent. You inspect within three business days, compile the damage list, and claim two repair items.
| Item | How it's figured | Claim |
|---|---|---|
| Bedroom carpet ruined by pet urine (4 years old, expected to last 8, $1,000 to replace with similar quality) | Charge only the life it had left: $1,000 × (8 − 4) ÷ 8 | $500.00 |
| Patching and repainting a wall with many large anchor holes ($225 painter's invoice) | Invoice amount (actual damages; mitigate where required) | $225.00 |
| Paint faded and lightly scuffed in the living room | Ordinary wear and tear — not claimed (§ 44-7-34) | $0.00 |
| Total itemized deductions | $725.00 | |
| Balance due to the tenant with the written statement ($1,600 − $725) | $875.00 | |
Mail the written statement (with the § 44-7-33 damage list) and the $875 so the tenant receives them within 30 days after you obtained possession—for a November 30, 2026 target if possession was October 31, 2026. Georgia's statute does not prescribe a carpet-proration formula; charging only remaining useful life is one way to keep a claim within actual damages. Keep the invoice, receipts and photos with your copy of the statement.
Run your own numbers: the free calculator applies the same proration approach and works out return-by dates for Georgia and 50 other jurisdictions (49 states + DC).
Penalties
- Late lists / statements (§ 44-7-35(b)): failure to provide the lists and written statements within the time periods specified in § 44-7-34 forfeits all of the landlord's rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises.
- Wrongful failure to return (§ 44-7-35(c)): liability of three times the sum improperly withheld plus reasonable attorney's fees—unless the landlord shows by a preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error despite procedures reasonably designed to avoid such errors (then liability is only for the sum erroneously withheld).
- Escrow / list failures (§ 44-7-35(a)): a landlord is not entitled to retain any portion of a security deposit if (1) the deposit was not placed in escrow under § 44-7-31 or bonded under § 44-7-32, (2) the initial damage list under § 44-7-33(a) was not made and presented as required, and (3) the final damage list under § 44-7-33(b) was not compiled and made available as required. Read the numbered paragraphs with their statutory “and” carefully.
- Where disputes go: magistrate court civil claims where the amount demanded does not exceed $15,000 (O.C.G.A. § 15-10-2(a)(5), version effective until January 1, 2027). Ask the clerk of the magistrate court in the property's county.
Small-landlord exemption
O.C.G.A. § 44-7-36 says Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply to rental units owned by a natural person if that person, his or her spouse, and his or her minor children collectively own ten or fewer rental units—provided the exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee.
Even when that exemption applies, plan to meet the § 44-7-34 30-day return and written-statement rules and the § 44-7-30.1 two-month cap. When in doubt, follow the full Article 2 process.
Local rules
This guide covers Georgia state law (Title 44 Chapter 7 Article 2). Cities and counties may publish their own landlord-tenant guidance, and local ordinances can add obligations. When both apply, follow the stricter rules that cover your property. The Georgia Attorney General Consumer Protection Division publishes a landlord-tenant handbook; treat it as self-help overview and rely on the current Code sections above for deadlines (the handbook PDF filename still reflects an older edition that summarizes “one month” in places—§ 44-7-34's 30-day post-possession rule controls after the 2018 amendment).
Quick checklist before you send the statement and refund
- Confirm the date you obtained possession under § 44-7-33(b) (vacation/surrender + your inspection timeline); the 30-day clock in § 44-7-34 runs from obtaining possession.
- Unless § 44-7-36 exempts you, confirm the deposit is in the escrow account (or covered by the surety bond) and that the tenant got written notice of the escrow location.
- Unless exempt, confirm the move-in list was presented before the deposit was tendered, and that the move-out damage list with estimated dollar values was compiled on time.
- List each retention reason separately; avoid lump-sum lines like "cleaning." Attach the § 44-7-33 list when retention is based on damages.
- Cut ordinary wear and tear and anything already on the move-in list; claim only amounts you can prove, and mitigate actual damages from breach.
- Mail the written statement together with the balance by first-class mail to the last known address within 30 days, and keep proof of mailing.
For your year-end records, the free Year-End Landlord Ops Checklist (Excel) includes a deposits section.
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Guides for other states
- Arizona: how much can a landlord deduct from a security deposit? (14 business-day itemized list after possession and demand, 1.5-month cap, nonrefundable fees in writing, move-out inspection notice, twice-the-amount damages)
- California: how much can a landlord deduct from a security deposit? (21-day itemized statement, receipts and photos, 2026 changes)
- Florida: how much can a landlord deduct from a security deposit? (15-day full return or 30-day claim notice, tenant 15-day objection, itemized claim)
- Illinois: how much can a landlord deduct from a security deposit? (30-day itemized statement, 45-day full return if none, double-deposit penalty)
- New Jersey: how much can a landlord deduct from a security deposit? (30-day itemized return by personal delivery or registered/certified mail, 1.5-month cap, interest-bearing NJ account with written notice, double damages)
- New York: how much can a landlord deduct from a security deposit? (14-day refund, one-month cap, itemized list, forfeiture if late)
- North Carolina: how much can a landlord deduct from a security deposit? (30-day itemized accounting (60-day final if needed), statutory deposit caps, trust account or bond, willful noncompliance voids retention)
- Ohio: how much can a landlord deduct from a security deposit? (30-day itemized written notice + refund, written forwarding address, wrongful withholding doubled + attorney fees)
- Pennsylvania: how much can a landlord deduct from a security deposit? (30-day written damages list + refund, forfeit if late, double excess withheld)
- Texas: how much can a landlord deduct from a security deposit? (30-day refund, forwarding address, itemized list, bad-faith penalties)
- Washington: how much can a landlord deduct from a security deposit? (move-in checklist required, 30-day full and specific statement, up to 2x deposit)
For every other state's return deadline and statute, see the 51-jurisdiction table in the free deposit calculator.
Also for landlords: Do I need to send a 1099 to my contractor? (IRS rules for 2026 payments)
FAQ
How much can a landlord deduct from a security deposit in Georgia?
Under O.C.G.A. § 44-7-34(a), you may not retain the deposit for ordinary wear and tear from intended use (absent negligence, carelessness, accident, or abuse by the tenant, household, invitees, or guests). The statute expressly allows retention for unpaid rent or late fees, abandonment, unpaid utilities, repair or cleaning the tenant contracted with third parties, unpaid pet fees, or actual damages from the tenant's breach if you attempt to mitigate. Any retention requires a written statement of the exact reasons (including the § 44-7-33 damage list when based on damages) delivered with the balance within 30 days after you obtain possession under § 44-7-33(b).
How long does a Georgia landlord have to return the deposit?
Within 30 days after obtaining possession of the premises as provided in O.C.G.A. § 44-7-33(b) (O.C.G.A. § 44-7-34(a)). Mail the written statement and any refund to the tenant's last known address by first-class mail.
Is there a cap on how much security deposit a Georgia landlord can charge?
Yes. O.C.G.A. § 44-7-30.1 (Safe at Home Act / HB 404, effective July 1, 2024) says no landlord shall demand or receive a security deposit that exceeds the equivalent of two months' rent. That section applies to residential leases entered into or renewed on or after July 1, 2024.
Do Georgia landlords have to pay interest on security deposits?
Title 44 Chapter 7 Article 2 does not require landlords to pay interest on residential security deposits.
Where must the deposit be held?
Unless the small-landlord exemption in § 44-7-36 applies, O.C.G.A. § 44-7-31 requires the deposit in an escrow account established only for that purpose at a bank or lending institution regulated by Georgia or a U.S. agency, held in trust for the tenant, with written notice to the tenant of the account location. As an alternative, § 44-7-32 allows a surety bond with the superior court clerk for the total deposits held or $50,000, whichever is less.
What happens if a Georgia landlord does not comply?
O.C.G.A. § 44-7-35(b): failure to provide the lists and written statements within the time periods in § 44-7-34 forfeits all rights to withhold any portion of the deposit or to sue the tenant for damages to the premises. § 44-7-35(c): failing to return any part required to be returned makes the landlord liable for three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord proves by a preponderance that the withholding was not intentional and resulted from a bona fide error despite procedures reasonably designed to avoid such errors. § 44-7-35(a) also addresses escrow/bond and damage-list failures. Some of these remedy sections do not apply to certain small natural-person landlords under § 44-7-36.
What damage lists does Georgia require?
Before the tenant tenders the deposit, § 44-7-33(a) requires a comprehensive list of existing damage for the tenant's permanent retention, with a right to inspect and to sign or specifically dissent in writing. After move-out, § 44-7-33(b) requires the landlord to inspect within three business days after lease termination and vacation or surrender and acceptance (whichever first) and compile a comprehensive list of damage that supports any charge against the deposit, with estimated dollar values. The tenant may inspect that list within five business days. These list rules do not apply to certain small natural-person landlords under § 44-7-36.
Are small Georgia landlords exempt from the escrow and list rules?
O.C.G.A. § 44-7-36 says §§ 44-7-31, 44-7-32, 44-7-33, and 44-7-35 do not apply to rental units owned by a natural person if that person, spouse, and minor children collectively own ten or fewer rental units—unless management, including rent collection, is performed by third persons for a fee. The 30-day return and written-statement rules in § 44-7-34 and the two-month cap in § 44-7-30.1 are not listed in that exemption.
Where do Georgia deposit disputes go?
Georgia magistrate courts (often called small claims) have jurisdiction over civil claims where the amount demanded does not exceed $15,000 under O.C.G.A. § 15-10-2(a)(5) (version effective until January 1, 2027). Check the clerk of the magistrate court in the county where the property is located.
Is this legal advice?
No. This page is general information based on O.C.G.A. Title 44 Chapter 7 Article 2 (§§ 44-7-30 through 44-7-36) and § 15-10-2 as published on Georgia Commons / FindLaw mirrors of the Official Code of Georgia Annotated, plus the enacted HB 404 PDF and Georgia Attorney General Consumer Protection Division landlord-tenant self-help materials, as of November 2026. Read the statute or talk to a Georgia attorney before you withhold money.
Sources
- O.C.G.A. § 44-7-30, Definitions (security deposit; nonrefundable fee): Georgia Commons
- O.C.G.A. § 44-7-30.1, Limitation on security deposit (two months' rent; HB 404 / Safe at Home Act): Georgia Commons; enacted bill PDF: gov.georgia.gov
- O.C.G.A. § 44-7-31, Escrow account; written location notice: Georgia Commons
- O.C.G.A. § 44-7-32, Surety bond in lieu of escrow: Georgia Commons
- O.C.G.A. § 44-7-33, Move-in and move-out damage lists; inspection windows: Georgia Commons
- O.C.G.A. § 44-7-34, Return of security deposit; retention; written statement (30 days after obtaining possession): Georgia Commons
- O.C.G.A. § 44-7-35, Remedies (forfeiture; treble damages; attorney's fees): Georgia Commons
- O.C.G.A. § 44-7-36, Small-landlord exemption (ten or fewer units): Georgia Commons
- O.C.G.A. § 15-10-2(a)(5), Magistrate court civil jurisdiction ($15,000): Georgia Commons
- Georgia Attorney General Consumer Protection Division, Landlord-Tenant Issues and Handbook; Landlord Tenant Handbook PDF