Georgia Security Deposit Law: Limits, Deadlines, and Penalties
What Georgia landlords can charge, when deposits must be returned, and what it costs to get it wrong. Last reviewed 2026-08-12.
How much can a landlord charge in Georgia?
Since July 1, 2024, O.C.G.A. § 44-7-30.1 caps security deposits at the equivalent of two months' rent for residential leases entered into or renewed on or after that date. Georgia had no cap at all before the Safe at Home Act (HB 404).
Georgia has no separate pet deposit statute — refundable pet deposits are lawful but count toward the two months' rent cap.
When must the deposit be returned?
Under § 44-7-34, the landlord must return the deposit, minus any itemized deductions, within one month after the lease terminates or the tenant surrenders and the landlord accepts the premises, whichever occurs later.
The landlord must deliver a written statement itemizing each deduction along with the remaining balance. Non-exempt landlords must additionally prepare signed move-in and move-out damage inspection lists under § 44-7-33, and can only charge for damage recorded on the final list.
What happens if a landlord misses the deadline?
A landlord who fails to return deposit money owed is liable for three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord proves the withholding was an unintentional, bona fide error. A landlord who ignores the escrow or inspection-list procedures also forfeits the right to retain any portion of the deposit.
Interest and holding requirements
Georgia law does not require landlords to pay interest on residential security deposits, and no Georgia city imposes its own interest requirement.
Deposits must be placed in an escrow account at a regulated bank (with the tenant informed where it is held) or secured by a surety bond filed with the superior court clerk (§§ 44-7-31, 44-7-32). Natural-person landlords who, together with spouse and minor children, own ten or fewer rental units are exempt — unless the property is managed by a third party for a fee.
Recent changes to the law
HB 404, the Safe at Home Act (effective July 1, 2024), created the two months' rent deposit cap in § 44-7-30.1 for leases signed or renewed on or after that date; it also added a three-business-day cure period before landlords can file for eviction over late rent.
What Georgia landlords get wrong
Georgia is unusually friendly to small self-managing landlords: the escrow, inspection-list, and treble-damages sections (§§ 44-7-31 through 44-7-33 and 44-7-35) do not apply to a natural person whose household owns ten or fewer rental units — but hire a property manager and the full article applies. Every landlord, exempt or not, must honor the two-month cap and the one-month return deadline. Do the signed move-in and move-out lists anyway; they are your evidence in any deposit dispute.
The law itself
Frequently asked questions
How much can a landlord charge for a security deposit in Georgia?
At most two months' rent. The cap took effect July 1, 2024 under the Safe at Home Act and applies to leases entered into or renewed on or after that date. Any amount collected above the cap is unenforceable and must be refunded. Refundable pet deposits count toward the same two-month total; older leases signed before July 2024 keep their original terms until renewal.
How long does a Georgia landlord have to return a security deposit?
One month. The clock runs from lease termination or from when you surrender the unit and the landlord accepts it, whichever is later. Within that month the landlord must send the refund plus a written, itemized statement of any deductions. Failing to meet the deadline exposes the landlord to liability for three times the amount improperly withheld plus attorney's fees.
Do small landlords in Georgia have to keep deposits in an escrow account?
Usually not. If you are a natural person and you, your spouse, and your minor children collectively own ten or fewer rental units, the escrow account, surety bond, and inspection-list requirements do not apply. You lose that exemption the moment a third party manages the property or collects rent for a fee. Even exempt landlords must respect the deposit cap and the one-month return deadline.
What can I recover if my Georgia landlord wrongfully keeps my deposit?
Three times the amount improperly withheld plus reasonable attorney's fees. The landlord escapes treble damages only by proving the withholding was an unintentional, bona fide error despite reasonable procedures — in that case they owe just the amount wrongfully kept. Landlords subject to the escrow and inspection rules who skipped them forfeit the right to keep any of the deposit at all.
Keep reading
Deposit deadlines are easy to miss — until they cost you triple.
Vantric tracks your leases, deposits, and move-out dates in one place, built for landlords with 1–10 units.
Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.