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Georgia Security Deposit Law, in Plain English

Georgia's deposit law is built around two inspections and one signature: a damage list at move-in, an inspection with tenant participation rights at move-out — and a rule that once both parties sign the final list, it becomes conclusive evidence of what happened to the unit. Here's how O.C.G.A. §§ 44-7-30 through 44-7-37 actually work, for both sides of the lease.

The two-month cap — new since 2024

For any lease entered or renewed on or after July 1, 2024, Georgia caps deposits at two months' rent (§ 44-7-30.1, added by the Safe at Home Act). The cap covers all refundable deposits combined — security plus refundable pet deposit plus anything else refundable must fit inside two months. Non-refundable fees sit outside the cap, which makes the refundable/non-refundable label on every charge worth reading closely.

Covered landlords must also keep the money somewhere specific: a dedicated escrow account (§ 44-7-31) or a surety bond posted with the superior court clerk (§ 44-7-32). No interest is owed to the tenant.

Move-in: the existing-damage list

Before collecting a deposit, a covered landlord must hand the tenant a comprehensive list of existing damage to the premises — and the tenant has a statutory right to walk the unit and verify the list before signing it. That list is the baseline everything at move-out gets measured against: damage on it can't later be charged to the tenant.

Move-out: three days, five days, and a signature that ends the argument

Georgia is one of the only states that writes the tenant into the move-out inspection. Within three business days of the tenant leaving, the landlord must inspect and compile a comprehensive list of damage being charged against the deposit, with estimated dollar values. The tenant then has five business days to inspect both the premises and that list.

Then comes the clause that decides most Georgia deposit disputes before they start: if the tenant is present and both parties sign the list, it becomes conclusive evidence of its accuracy. Signed items are, as a practical matter, settled. A tenant who disagrees shouldn't simply sign and hope — the statute's path is a signed, written dissent specifying exactly which items are disputed, which preserves the right to contest them in court.

That signature rule cuts both ways, and it rewards whoever arrives prepared. A landlord walking the inspection with a dated move-in record can point to what changed. A tenant walking it with their own day-one record can point to what didn't. The person negotiating that list from memory is negotiating against paper.

Walk into the inspection with the record, not a recollection.

PropInspect captures the unit room by room — photos, 60-second video clips, and tagged notes — at move-in, so the move-out list gets negotiated against evidence. Share the report as a link the other party can view without an account, or download it as a PDF alongside the signed list or your written dissent. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.

Georgia law builds a damage list and inspection process into the deposit itself. PropInspect helps you capture a dated, room-by-room record of condition and share it with the other party. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Georgia law or a particular result in a deposit dispute.

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After move-out: 30 days and the exact reasons

Within 30 days of getting possession back, the landlord must return the deposit — or deliver a written statement of the exact reasons for keeping any of it, including the comprehensive damage list. Ordinary wear and tear from using the unit as intended can never be retained, absent negligence, accident, or abuse.

What lawful retention can cover: unpaid rent and late fees, listed damage beyond ordinary wear, costs from abandonment, unpaid utilities, unpaid pet fees, third-party repair or cleaning the tenant contracted for, and actual damages from a lease breach — with the landlord under a duty to mitigate. One quirk worth knowing: a refund check mailed to the tenant that comes back undelivered becomes the landlord's property 90 days after mailing, if reasonable efforts to locate the tenant fail — so leaving a forwarding address is not optional paperwork.

When it goes wrong: forfeiture, then treble damages

Georgia's enforcement comes in two tiers. A landlord who skips the required procedures — the lists, the inspection windows, the statement — forfeits the right to retain any portion of the deposit and to sue the tenant for the damage. The claim doesn't get weaker; it disappears.

And where a court finds bad faith, the landlord owes three times the amount improperly withheld, plus reasonable attorney's fees — the harshest deposit penalty of any state covered in this series. Deposit disputes are heard in magistrate court, Georgia's small claims venue, with a limit high enough ($15,000) to cover trebled damages on almost any residential deposit.

The small-landlord exception — and its trapdoor

The formal machinery — escrow, the damage lists, the statutory penalty — applies to landlords who own more than ten rental units (counting spouse and minor children), and to any landlord whose property is managed by a third party for a fee, regardless of size. That second trigger is the trapdoor: hiring a property manager for even a single unit restores the full formal rules.

A natural person renting out ten or fewer self-managed units is exempt from the formal procedures — though the 30-day return obligation still applies to everyone. The practical consequence for tenants of small landlords: the statute may not force your landlord to create a move-in record, which makes the one you create yourself the only baseline in the room.

Frequently asked questions

How long does a landlord have to return a security deposit in Georgia?

30 days after the landlord gets possession back. Within that window the landlord must return the deposit, or deliver a written statement of the exact reasons for keeping any of it — including the comprehensive damage list Georgia law requires. Some older guides say one month; the current statute text says 30 days.

How much can a landlord charge for a security deposit in Georgia?

Two months' rent, for leases entered or renewed on or after July 1, 2024, under the Safe at Home Act. The cap covers all refundable deposits combined — a security deposit plus a refundable pet deposit must together stay under two months. Non-refundable fees are not part of the cap.

Does Georgia require a move-in inspection list?

For covered landlords, yes — before collecting any deposit, the landlord must give the tenant a comprehensive list of existing damage, and the tenant has the right to walk the premises to verify it before signing. The formal requirement applies to landlords with more than ten rental units, and to any landlord whose property is managed by a third party for a fee, regardless of size.

What is Georgia's move-out inspection rule?

Within three business days of the tenant leaving, the landlord must inspect and compile a comprehensive list of any damage being charged to the deposit, with estimated dollar values. The tenant then has the right, within five business days, to inspect both the premises and that list. It's one of the few states that builds the tenant into the move-out inspection by statute.

Should I sign the move-out damage list if I disagree with it?

Be careful here: under Georgia law, if you sign the list, it becomes conclusive evidence that it's accurate — you generally can't contest signed items later. If you disagree, the statute's path is to refuse to sign and instead itemize your specific objections in a signed, written dissent. Keep a dated copy, along with whatever record you have of the unit's condition.

What can a landlord deduct from a deposit in Georgia?

Unpaid rent and late fees, damage beyond ordinary wear and tear, costs from abandonment, unpaid utilities, unpaid pet fees, third-party repair or cleaning the tenant contracted for, and actual damages from a lease breach — with a duty to mitigate. Ordinary wear and tear from normal use can never be retained.

What happens if a Georgia landlord doesn't follow the deposit rules?

Two tiers. A landlord who skips the required procedures forfeits the right to keep any of the deposit and to sue the tenant for the damage. And a landlord found to have withheld in bad faith owes three times the amount improperly kept, plus the tenant's reasonable attorney's fees — one of the toughest deposit penalties in the country.

Do the deposit rules apply to small Georgia landlords?

Partially. A natural person who (counting spouse and minor children) owns ten or fewer rental units is exempt from the formal machinery — escrow, the damage lists, the statutory penalty — unless the property is managed by a third party for a fee, which restores the full rules no matter how few units. The 30-day return obligation still applies to everyone. For a tenant of a small landlord, your own move-in record matters even more, because the statute may not force the landlord to make one.

In Georgia, the signed list ends the argument. Decide what's on it.

Document the move-in today so the move-out inspection is boring. Photos, video, and notes for every room — offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Georgia law or a particular result in a deposit dispute.

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