{"id":372800,"date":"2019-05-08T10:11:12","date_gmt":"2019-05-08T15:11:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-security-deposit-laws.html"},"modified":"2019-05-09T09:43:38","modified_gmt":"2019-05-09T14:43:38","slug":"georgia-security-deposit-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-security-deposit-laws.html","title":{"rendered":"Georgia Security Deposit Laws"},"content":{"rendered":"\n
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Georgia Security Deposit Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When you’re renting a property, whether it’s a storefront or an apartment, the landlord most likely will require payment of a security deposit<\/a>. This is money paid up-front (and separate from the first-month’s rent) to be used for reasonable repairs, cleaning fees, and other incidentals when the tenant moves out. Many states have limits on how much a landlord may charge for a deposit. Georgia law has no such limits, but the state does have other safeguards to protect tenants.<\/p>\r\n

The following is a summary of Georgia’s security deposit laws, including time limits for returning the money<\/a> to tenants (minus reasonable deductions) and how the deposit should be stored.<\/p>\r\n

Georgia Security Deposit Laws: The Basics<\/h2>\r\n

When you’re signing a lease or trying to determine whether your tenant rights have been violated, the last thing you have time for is deciphering dense statutory language. The following summary of Georgia’s security deposit laws is intended to help you learn about your rights — without the legalese.<\/p>\r\n\r\n
Statute<\/b><\/td>\r\nGeorgia Code, Title 44, Chapter 7, Sections 30-37<\/a><\/td>\r\n<\/tr>
Security Deposit Maximum<\/b><\/td>\r\n

Georgia doesn’t have a statutory limit on the amount a landlord may require for a security deposit.<\/p>\r\n<\/td>\r\n<\/tr>

Storage of Security Deposit<\/b><\/td>\r\n

Georgia landlords have two options for storing a tenant’s security deposit<\/b><\/i> (noncompliance may result in forfeiture of a landlord’s right to withhold anything from the tenant):<\/p>\r\n

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  1. Escrow Account<\/a> – An account held by a third party; funds are released (at the end of the rental period) in accordance with the lease terms.<\/li>\r\n
  2. Surety Bond<\/a> – The tenant agrees to forfeit funds from a deposit in accordance with the written and signed lease agreement.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Receipt of Security Deposit<\/b><\/td>\r\n

Landlord must provide tenant with an itemized list of preexisting damage<\/i><\/b>, defects, etc. before collecting a security deposit (noncompliance may result in forfeiture of a landlord’s right to withhold anything from the tenant):<\/p>\r\n

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  • Tenant has the right to inspect<\/i><\/b> the property before signing off to list and paying the deposit (this list then becomes proof of the property’s condition to prior to tenant’s move-in date).<\/li>\r\n
  • If there’s a disagreement, the tenant must indicate specific items of disagreement and sign a statement of dissent.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Walk-Through Inspections<\/b><\/td>\r\n

Within 3 days<\/i><\/b> after tenant vacates property, the landlord must inspect<\/i><\/b> the property for damages and write a list of damage.<\/p>\r\n

Within 5 days<\/i><\/b> after vacating property, the tenant may inspect the property<\/i><\/b> and compare their observations to the landlord’s list.<\/p>\r\n

If there are disagreements<\/i><\/b> (and the tenant has signed a statement of dissent), they may take the landlord to court to recover the disputed amount.<\/p>\r\n<\/td>\r\n<\/tr>

What Can A Landlord Deduct?<\/b><\/td>\r\n

Landlords may deduct for reasonable fees and expenses<\/a> incurred during the rental period, including:<\/p>\r\n

Deadline for Returning a Tenant’s Security Deposit<\/b><\/td>\r\n

Within 1 month<\/i><\/b> after the tenant has vacated the property and returned the keys.<\/p>\r\n

Assuming the landlord has made a good-faith effort to return the security deposit to the tenant’s last known address, the tenant forfeits their right<\/i><\/b> to the deposit if they can’t be reached within 90 days<\/i><\/b>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note<\/b>: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n