How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Georgia, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
Two months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1, added by HB 404 "Safe at Home Act"). Before that date, Georgia had no statewide cap. The cap is not retroactive to unrenewed pre-2024 leases.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Georgia |
|---|---|
| Unpaid rent | Permitted, if substantiated |
| Late-payment fees | Permitted, if substantiated |
| Unpaid utility charges | Permitted, if substantiated |
| Repair work or cleaning contracted for by the tenant with third parties | Permitted, if substantiated |
| Unpaid pet fees | Permitted, if substantiated |
| Actual damages caused by the tenant's breach (beyond ordinary wear and tear) | Permitted, if substantiated |
| Claimed deduction | Permitted in Georgia |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any deduction without a written statement of the exact reasons | Not permitted |
| Deductions taken without the required damage lists and written statement within 30 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
In a dispute over deductions, the landlord must justify each deduction and show the damage exceeds ordinary wear and tear. Georgia courts have consistently held the landlord bears the burden of proving the damage was beyond normal use. For the treble penalty, the landlord also bears the burden of proving the withholding was a bona fide error to escape treble damages.
In Georgia the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. O.C.G.A. § 44-7-35(c) ↗
A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld.
Georgia awards three times the sum improperly withheld plus reasonable attorney fees. It is NOT automatic: the landlord escapes treble damages by showing (by a preponderance of the evidence) that the withholding was unintentional and resulted from a bona fide error despite procedures designed to avoid such errors. Important limit — the treble remedy (and the escrow/damage-list duties) does not apply to a natural-person landlord owning 10 or fewer units not managed for a fee (§ 44-7-36).
O.C.G.A. § 44-7-35(c) ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees accompany the treble-damages recovery under § 44-7-35(c). Like the treble remedy, they do not reach a 10-or-fewer-unit natural-person landlord exempt under § 44-7-36.
O.C.G.A. § 44-7-35(c) ↗No statutory penalty beyond returning the deposit.
There is no flat penalty. A separate and powerful consequence applies under § 44-7-35(a)-(b): failing to provide the required damage lists and written statements on time forfeits the landlord's right to withhold any portion of the deposit or to sue for damages — a forfeiture, not a multiplier.
O.C.G.A. § 44-7-35(a), (b) ↗§ 44-7-35(a)-(b): if the landlord fails to provide the required initial/final damage lists and the written statement within the statutory periods, they forfeit the right to withhold ANY portion of the deposit and the right to sue for damages. This forfeiture is automatic and does not require proving bad faith.
O.C.G.A. § 44-7-35(a), (b) ↗The Safe at Home Act (HB 404) added O.C.G.A. § 44-7-30.1: a landlord may not demand or receive a deposit exceeding two months' rent, for leases entered into or renewed on or after July 1, 2024. Before that, Georgia had no cap. Check your lease date — the cap only reaches new or renewed leases.
O.C.G.A. § 44-7-30.1 ↗Before you tendered the deposit, the landlord had to give you a comprehensive list of existing damage, which you could inspect and sign. At move-out, the landlord compiles a damage list within three business days. Do not sign a move-out list you disagree with — your claim is limited to the items you specifically dissented from in writing.
O.C.G.A. § 44-7-33(a), (b), (c) ↗““Cleaning and damage $600.””
Georgia requires a written statement identifying the exact reasons for any retention, accompanied by payment of the difference, within 30 days of obtaining possession. Ordinary wear and tear cannot be deducted. Provide the specific damage, the move-in/move-out lists, and the repair cost.
O.C.G.A. § 44-7-34(a), 44-7-33
““You never asked for it back.””
The return duty is not conditioned on any request. The full deposit (or a written statement plus the difference) was due within 30 days of the landlord obtaining possession. Failure forfeits the right to withhold, and exposes a larger landlord to 3x the sum improperly withheld plus attorney fees.
O.C.G.A. § 44-7-34(a), 44-7-35
““I'm a small landlord, the rules do not apply to me.””
The small-landlord exemption (§ 44-7-36) removes the escrow duty, the damage-list duty, and the treble-damages remedy — but NOT the 30-day return duty under § 44-7-34. You must still return the deposit or provide the written statement within 30 days.
O.C.G.A. § 44-7-34(a), 44-7-36
Some widely circulated summaries of Georgia deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Pre-2024 guides | Georgia has no deposit cap |
| O.C.G.A. § 44-7-30.1 (HB 404, 2024) | 2 months' rent for leases entered/renewed on or after 2024-07-01 |
What we follow: 2 months' rent, but only for new or renewed leases on/after July 1, 2024
HB 404 added the cap prospectively. Unrenewed pre-2024 leases remain uncapped. Presenting the cap as universally retroactive would be wrong.
| Source | What it says |
|---|---|
| Some guides | 30 days from move-out |
| O.C.G.A. § 44-7-34(a) | 30 days after the landlord obtains possession |
What we follow: 30 days after the landlord obtains possession
HB 834 (2018) replaced the older "termination of the lease or surrender of the premises, whichever occurs last" with the possession trigger. The clock runs from the landlord getting the property back.
| Source | What it says |
|---|---|
| Some checklists | Automatic 3x once late |
| O.C.G.A. § 44-7-35(c) | 3x unless the landlord proves a bona fide error |
What we follow: 3x by default, reducible to the sum withheld if the landlord proves a bona fide error
The statute sets treble damages as the rule, with a landlord-side defense (unintentional, bona fide error despite procedures). The tenant does not prove bad faith; the landlord proves the error.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| O.C.G.A. § 44-7-34(a) | 2026-10-15 | official text ↗ |
| O.C.G.A. § 44-7-35(c) | 2026-10-15 | official text ↗ |
| O.C.G.A. § 44-7-35(a), (b) | 2026-10-15 | official text ↗ |
| O.C.G.A. § 44-7-30.1 | 2026-10-15 | official text ↗ |
| O.C.G.A. § 44-7-33(a), (b), (c) | 2026-10-15 | official text ↗ |
Primary reference: O.C.G.A. §§ 44-7-30.1, 44-7-33 to 44-7-35. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
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The statute does not permit deductions for: ordinary wear and tear; any deduction without a written statement of the exact reasons; deductions taken without the required damage lists and written statement within 30 days.
The landlord. In a dispute over deductions, the landlord must justify each deduction and show the damage exceeds ordinary wear and tear. Georgia courts have consistently held the landlord bears the burden of proving the damage was beyond normal use. For the treble penalty, the landlord also bears the burden of proving the withholding was a bona fide error to escape treble damages.
Two months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1, added by HB 404 "Safe at Home Act"). Before that date, Georgia had no statewide cap. The cap is not retroactive to unrenewed pre-2024 leases.
No. Ordinary wear and tear