Georgia Security Deposit Law: Deadlines, Penalties & How to Get Your Deposit Back
Georgia gives a landlord 30 days to return your security deposit or send an itemized statement of deductions, under Ga. Code § 44-7-34. If that window has passed and you haven’t been paid, you have leverage — here’s exactly what the statute says and how to act on it.
Georgia security-deposit law at a glance
- Deadline to return / itemize
- 30 days
- after the tenancy ends
- Bad-faith penalty exposure
- Up to 3×
- a court may award if it finds bad faith
- Itemization required?
- Yes
- missing the deadline can forfeit the right to withhold
- Attorney’s fees recoverable?
- Yes
- under Ga. Code § 44-7-34
How long does a Georgia landlord have?
Under Ga. Code § 44-7-34, a Georgia landlord has 30 days after your tenancy ends to return your deposit or provide an itemized statement of any deductions. Georgia requires that itemized statement when the landlord keeps any part of the deposit. Count from the day the tenancy ended. If the deadline has passed and you haven’t been paid or itemized, your landlord is late — and that’s the leverage your demand letter is built on.
What penalty can a Georgia landlord face?
A landlord who keeps a deposit in bad faith may owe up to 3× the deposit. Specifically, under Ga. Code § 44-7-34, Georgia law lets a tenant seek up to three times the portion wrongfully withheld if a court finds the landlord acted in bad faith. Bad faith is required for the three-times penalty; the statute applies to landlords it covers.
Important: any penalty is something a court may award if it finds the landlord acted in bad faith — it is never automatic, and you would still need to make that case. Georgia also lets a prevailing tenant recover attorney's fees.
How to get your deposit back in Georgia
- 1. Send a written demand. Put the deadline your landlord missed and the statute (Ga. Code § 44-7-34) in writing, by certified mail with return receipt, so you have proof of the date they received it.
- 2. Keep your records. Move-out photos, the walkthrough checklist, your lease, and proof you gave a forwarding address are your evidence if the landlord disputes the claim.
- 3. If they don’t pay, file in small claims. You can ask a Georgia small claims court to order the deposit returned, and — under Ga. Code § 44-7-34 — to seek up to three times the portion wrongfully withheld if a court finds the landlord acted in bad faith plus attorney's fees, which the court may award if you prove your case. The small-claims dollar limit varies by court within the state, so check your county’s limit before filing.
Generate your Georgia demand letter
Run the free leverage check — enter your deposit and how long it’s been, and we’ll show you exactly how many days past Georgia’s 30-day deadline your landlord is and the penalty exposure under Ga. Code § 44-7-34. Then, for a flat $39, get a firm, statute-cited demand letter you send yourself plus a Georgia small-claims escalation roadmap. You keep 100% of whatever you recover.
Georgia security deposit FAQ
- How long does a landlord have to return a security deposit in Georgia?
- Georgia law gives a landlord 30 days to return the deposit or send an itemized statement of any deductions, under Ga. Code § 44-7-34. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.
- What penalty can a Georgia landlord face for wrongfully keeping a deposit?
- Under Ga. Code § 44-7-34, up to three times the portion wrongfully withheld if a court finds the landlord acted in bad faith. That is something a court may award if it finds bad faith — it is not automatic, and you would still need to make that case. Bad faith is required for the three-times penalty; the statute applies to landlords it covers. Georgia also lets a prevailing tenant recover attorney's fees.
- Does my Georgia landlord have to itemize deductions?
- Yes. Under Ga. Code § 44-7-34, a Georgia landlord must provide an itemized statement of any deductions within the return window. Missing the deadline can forfeit the landlord's right to keep any of the deposit.
- Can I take my Georgia landlord to small claims court over my deposit?
- Yes. If your landlord won't return the deposit after a written demand, you can file in Georgia small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under Ga. Code § 44-7-34 — to seek up to three times the portion wrongfully withheld if a court finds the landlord acted in bad faith plus attorney's fees, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.
Sources
The Georgia facts on this page are drawn from Ga. Code § 44-7-34 and the references below. Always confirm the current text of the statute for your situation.