How long a landlord has to return your deposit, and what you can claim if they miss it
This page covers residential security deposits in Georgia, where a landlord has kept some or all of a deposit after a tenancy ends.
It does not cover:
Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.
Measured from the landlord obtaining possession of the premises.
Full return within 30 days after the landlord obtains possession. If any portion is retained, the landlord must deliver a written statement of the exact reasons plus payment of the difference within the same 30 days.
O.C.G.A. § 44-7-34(a) ↗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) ↗The clock does not start on the day you decided to leave. In Georgia it starts the landlord obtaining possession of the premises — for most leases that is the date you hand back the keys, not the date your notice period began.
““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
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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Georgia Security Deposit Rules
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30 days, counted from the landlord obtaining possession of the premises. O.C.G.A. § 44-7-34(a).
A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld. O.C.G.A. § 44-7-35(c)
It runs from the landlord obtaining possession of the premises — the date you vacated and returned the keys, not the date your notice period began.
No — Georgia small claims are heard in Magistrate Court, which handles money claims up to $15,000. You do not need a lawyer for smaller cases.