HomeDue › Guides

Georgia Security Deposit Law: What Every Landlord Needs to Know

By Tanika Hall · October 2026 · 4 min read

I own a rental here in Georgia, and the security deposit is the part of being a landlord where small mistakes get expensive. Not because tenants are out to get you, but because Georgia law is specific, and if you skip a step you can lose the right to keep any of the deposit at all.

Here's the whole thing in one place.

How much you can charge

For leases signed or renewed on or after July 1, 2024, a Georgia landlord can't demand or receive a security deposit of more than two months' rent. That came from the Safe at Home Act (HB 404).

Where the money goes

Georgia law says deposits go into an escrow account at a regulated bank, used only for deposits. You also tell the tenant in writing where it's held. Instead of escrow, a landlord can post a surety bond with the superior court clerk.

But there's a small landlord exemption. If you're an individual and your household (you, your spouse and your minor children) owns 10 or fewer rental units, the escrow, bond, move-in list and penalty sections don't apply to you. You lose that exemption if a third party manages the units or collects rent for a fee. Even exempt landlords still have to follow the two-month cap and the return rules below.

The move-in list

Before you take a deposit, Georgia law has you give the tenant a written list of any existing damage, and the tenant can inspect before moving in. You both sign it. If the tenant disagrees with something, they write their dissent item by item and sign that. Once signed, the list is conclusive except for hidden defects.

Even if you're exempt, do it anyway. A signed move-in list with photos is the single best thing you can have if there's ever a disagreement. More detail in the move-in and move-out inspection guide.

Returning the deposit: 30 days

You have 30 days after you get the unit back to return the deposit. If you keep any of it, send a written statement with the exact reasons and the damage list, plus whatever balance is left. Send it first-class mail to the tenant's last known address. If the payment comes back undelivered and you can't find the tenant after a reasonable effort, it becomes yours 90 days after you mailed it. An uncashed check alone doesn't count.

What you can deduct

• Unpaid rent and late fees
• Costs from the tenant abandoning the unit
• Unpaid utilities
• Repair or cleaning the tenant agreed to in the lease
• Unpaid pet fees
• Actual damages from the tenant breaking the lease (you have to try to limit your loss, like re-renting)

What you can't deduct: normal wear and tear. Faded paint, light carpet wear and small nail holes come with living somewhere.

The penalty

This is why it matters. If a landlord covered by these sections skips the required lists or statements, they lose the right to keep any of the deposit and the right to sue for damage. And wrongfully withholding a deposit can cost three times the amount plus the tenant's attorney fees, unless the landlord proves it was an honest mistake.

General information for Georgia property owners, not legal, tax or insurance advice. Rules change, so check the official source or a professional before you act.