Georgia security deposit rules
Georgia limits security deposits to 2 months' rent (for residential leases entered into or renewed on or after July 1, 2024; no cap for older leases). The deposit must be returned 30 days after the landlord obtains possession of the premises (termination of the tenancy and surrender/abandonment), with a written statement of any amounts retained, with an itemised list of any deductions. No interest is owed on the deposit under state law.
What the law requires
2 months' rent (for residential leases entered into or renewed on or after July 1, 2024; no cap for older leases). Returned 30 days after the landlord obtains possession of the premises (termination of the tenancy and surrender/abandonment), with a written statement of any amounts retained. HB 404, the 'Safe at Home Act' (2024), added § 44-7-30.1: 'No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.' Applies to residential leases entered into or renewed on or after July 1, 2024. Deposits must be held in an escrow account or secured by a surety bond (§§ 44-7-31, 44-7-32); landlords owning 10 or fewer units who self-manage are exempt from some requirements (§ 44-7-36). Bad-faith retention: treble damages plus attorney's fees (§ 44-7-35). § 44-7-30.1 text read from the enrolled bill on the Governor's site; §§ 44-7-30 and 44-7-34 read from the Findlaw code mirror (current through March 28, 2024).
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 30-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Pets: Pet deposits are expressly included in the definition of 'security deposit' (O.C.G.A. § 44-7-30(3)), so they count toward the 2-month cap and are subject to the 30-day return rule.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing O.C.G.A. §§ 44-7-30, 44-7-30.1, 44-7-34. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Georgia rules
- Late fees: No statutory cap or grace period; no statute located. O.C.G.A. Title 44, Chapter 7 does not regulate late fees; a fee must be in the lease and can be challenged on general contract (penalty vs. liquidated damages) grounds. Confirmed via secondary sources. Late fee calculator.
- Notice to end a tenancy: 60 days' notice from the landlord or 30 days' notice from the tenant to terminate a tenancy at will (month-to-month). Nonpayment: written notice to pay or vacate within 3 business days, posted in a sealed envelope on the door, before a dispossessory affidavit may be filed (§ 44-7-50(c)-(d), added by HB 404 for leases entered into or renewed on or after July 1, 2024; previously only an immediate demand for possession was required). Notice calculator.
- All rules on one page: Georgia landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Georgia?
2 months' rent (for residential leases entered into or renewed on or after July 1, 2024; no cap for older leases). HB 404, the 'Safe at Home Act' (2024), added § 44-7-30.1: 'No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.' Applies to residential leases entered into or renewed on or after July 1, 2024. Deposits must be held in an escrow account or secured by a surety bond (§§ 44-7-31, 44-7-32); landlords owning 10 or fewer units who self-manage are exempt from some requirements (§ 44-7-36). Bad-faith retention: treble damages plus attorney's fees (§ 44-7-35). § 44-7-30.1 text read from the enrolled bill on the Governor's site; §§ 44-7-30 and 44-7-34 read from the Findlaw code mirror (current through March 28, 2024).
How long does a landlord have to return a security deposit in Georgia?
30 days after the landlord obtains possession of the premises (termination of the tenancy and surrender/abandonment), with a written statement of any amounts retained. The statute is O.C.G.A. §§ 44-7-30, 44-7-30.1, 44-7-34.
Does a Georgia landlord have to pay interest on the security deposit?
No. Georgia law does not require interest on residential security deposits.
Are pet deposits limited in Georgia?
Pet deposits are expressly included in the definition of 'security deposit' (O.C.G.A. § 44-7-30(3)), so they count toward the 2-month cap and are subject to the 30-day return rule.