Georgia Security Deposit Laws

Georgia doesn't have a statutory limit on the amount a landlord may require for a security deposit.

Georgia landlords have two options for storing a tenant's security deposit (noncompliance may result in forfeiture of a landlord's right to withhold anything from the tenant):

1. Escrow Account - An account held by a third party; funds are released (at the end of the rental period) in accordance with the lease terms.
2. Surety Bond - The tenant agrees to forfeit funds from a deposit in accordance with the written and signed lease agreement.

Landlord must provide tenant with an itemized list of preexisting damage, defects, etc. before collecting a security deposit (noncompliance may result in forfeiture of a landlord's right to withhold anything from the tenant):

• Tenant has the right to inspect 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).
• If there's a disagreement, the tenant must indicate specific items of disagreement and sign a statement of dissent.

Within 3 days after tenant vacates property, the landlord must inspect the property for damages and write a list of damage.

Within 5 days after vacating property, the tenant may inspect the property and compare their observations to the landlord's list.

If there are disagreements (and the tenant has signed a statement of dissent), they may take the landlord to court to recover the disputed amount.

Landlords may deduct for reasonable fees and expenses incurred during the rental period, including:

• Unpaid rent;
• Penalties for late payment of rent;
• Nonpayment of utility bills;
• Unpaid pet fees;
• Damage beyond normal wear and tear;
• Cleaning fees; and
• Any costs associated with abandonment of the property.

Within 1 month after the tenant has vacated the property and returned the keys.

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 to the deposit if they can't be reached within 90 days.