Georgia Security Deposit Laws
Learn the rules for Georgia residential security deposits, including the 2024 statutory cap, escrow requirements, move-in inspections, and return deadlines.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Georgia Security Deposit Laws
Under the constitutional authority established on January 2, 1788, Georgia's residential security deposit framework was significantly strengthened by the Safe at Home Act (2024). These regulations, codified in O.C.G.A. § 44-7-30 through § 44-7-37, now include a statewide cap on deposit amounts and continue to impose strict handling requirements based on the size of a landlord's rental portfolio.
Official Law Citation: Official Code of Georgia Annotated (O.C.G.A. § 44-7-30 through § 44-7-37)
Statutory Deposit Limits
Effective July 1, 2024, Georgia law (O.C.G.A. § 44-7-30.1) explicitly caps security deposits for residential leases. Landlords may not demand or receive a security deposit that exceeds the equivalent of two months' rent. This statewide limit applies to all residential tenancies and supersedes any previous local practices or lack of statutory caps.
Escrow and Handling Requirements
The obligations for holding security deposits in Georgia depend on the landlord's portfolio size and management structure (O.C.G.A. § 44-7-31):
Landlords with 10+ Units (or using a Property Manager)
- Must place security deposits in an escrow account at a state or federally regulated depository institution, held solely for security deposits.
- OR post a surety bond with the clerk of the superior court in the county where the property is located.
- Must provide the tenant with written notice identifying the location of the escrow account or the existence of the surety bond.
Landlords with Fewer than 10 Units (Self-Managed)
- Are exempt from the escrow account and surety bond requirements under O.C.G.A. § 44-7-36.
- Must still comply with the 30-day return timeline and all itemization rules.
Move-In Inspection List (O.C.G.A. § 44-7-33)
Landlords with 10+ units (or using a property manager) must provide the tenant with a written list of pre-existing damages to the unit before or at the time of move-in. The tenant has the right to inspect the premises and sign the list. Failure to follow this procedure prevents the landlord from withholding any portion of the security deposit for damages.
Returning the Security Deposit (O.C.G.A. § 44-7-34)
Upon termination of the tenancy, the landlord must return the full security deposit—or provide an itemized written statement of deductions—within 30 days of the tenant vacating the property.
Permissible Deductions
A Georgia landlord may deduct for:
- Unpaid rent.
- Unpaid utility charges.
- Costs to repair damages beyond normal wear and tear.
- Other breach of lease charges specified in the agreement.
The Tenant's Forwarding Address
If the tenant fails to provide a forwarding address, the landlord must mail the statement/refund to the last known address. If returned as undeliverable, the landlord must hold the funds for at least 90 days (though holding for one year is recommended to comply with unclaimed property standards).
Penalties for Non-Compliance (O.C.G.A. § 44-7-35)
If a landlord willfully fails to comply with the escrow or return rules, they forfeit the right to withhold any portion of the deposit. If the court finds the landlord acted in bad faith, they may be liable for:
- Up to three times the amount of the portion wrongfully withheld.
- Reasonable attorney's fees.
How Landager Helps
Landager tracks lease terms, required move-in/move-out inspections, and escrow notifications, ensuring you remain compliant with the 2024 Safe at Home Act and core Georgia statutes.
Sources & Official References
Frequently Asked Questions
▶What are the Georgia security deposit rules and return deadlines?
Georgia has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
▶What are the Georgia landlord-tenant laws every property owner should know?
Georgia's landlord-tenant laws, found primarily in Title 44, Chapter 7 of the Official Code of Georgia Annotated (O.C.G.A.), take a generally landlord-friendly approach while still establishing clear procedural requirements that property owners must follow. Understanding the nuances of Georgia law is essential for operating a compliant and profitable rental business. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Georgia eviction process and how long does it take?
The Georgia eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Georgia. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Georgia rent increase laws and caps for landlords?
Georgia has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Georgia has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Georgia?
Georgia has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Georgia state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Georgia landlords provide to tenants?
Georgia landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Georgia lease requirements for rental properties?
Georgia recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Georgia law.
Read the complete guide▶What are Georgia landlord maintenance obligations and habitability standards?
Georgia landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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