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Security Deposit Return in Georgia

September 27, 2026 · LawDiver Research Team

If you only remember one point about getting a security deposit back in Georgia, remember this: The cap is 2 months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1). The return deadline is 30 days after termination of occupancy, with an itemized list of deductions. Interest: No general interest requirement; interest may apply if the deposit is placed in an interest-bearing escrow or secured by a surety bond under landlord election rules. Procedure, examples, and the opinions below hang off Ga. Code Ann. §§ 44-7-30 to 44-7-36. Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount improperly withheld in bad-faith cases.

Interest and accounting

No general interest requirement; interest may apply if the deposit is placed in an interest-bearing escrow or secured by a surety bond under landlord election rules.

Walking through Georgia facts

Use this walkthrough to see which Georgia authority does the work at each step.

A residential tenant moves out of a Georgia rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: 2 months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1).
Calendar the return deadline: 30 days after termination of occupancy, with an itemized list of deductions
Interest, if any: No general interest requirement; interest may apply if the deposit is placed in an interest-bearing escrow or secured by a surety bond under landlord election rules.
If the landlord keeps money without the required accounting: Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount improperly withheld in bad-faith cases.

Georgia now caps many residential security deposits at two months’ rent for covered new/renewed leases. Landlords must return the balance with an itemization within 30 days. Document move-out condition and send a forwarding address. Magistrate court handles many deposit disputes.

Penalties for wrongful withholding

Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount improperly withheld in bad-faith cases.

Practical process for tenants and landlords

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in Georgia

MNM 5, INC. v. ANDERSON/6438 NORTHEAST PARTNERS, LTD.

MNM 5, INC. v. ANDERSON/6438 NORTHEAST PARTNERS, LTD., 215 Ga. App. 407 (1994)

…ues of fact as to whether an effective tender of the $5,500 security deposit was made by MNM 5 and accepted by appellee, and as to other claims by MNM 5. Held: 1. The trial court’s denial of MNM 5’s motion to dismiss and plea in abatement was not a final judgment and was subject to interlocutory appeal. OCGA § 5-6-34 (b); see Atlanta Airmotive v. Newnan-Coweta Airport Auth., 20…

Practitioners open MNM 5, INC. v. ANDERSON/6438 NORTHEAST PARTNERS, LTD. when Georgia security deposits turns on the distinction in this sentence: "MNM 5 and accepted by appellee, and as to other claims by MNM 5. Held: 1. The trial court’s denial of MNM 5’s motion to dismiss and plea in abatement was not a final judgment and was subject to interlocutory appeal. OCGA § 5-6-34 (b); see Atlanta Airmotive v." Do not lift it out of the facts the court was deciding.

KIMBER Et Al. v. TOWNE HILLS DEVELOPMENT COMPANY

KIMBER Et Al. v. TOWNE HILLS DEVELOPMENT COMPANY, 156 Ga. App. 401 (1980)

…rst of each month. The tenants also paid the landlord a $50 security deposit which was placed in an escrow account. The tenants did not pay the monthly rent for January 1978 and the landlord commenced dispossessory proceedings for non-payment of rent. A writ of possession never issued as the tenants, without notice or return of the apartment keys, vacated the premises before th…

Practitioners open KIMBER Et Al. v. TOWNE HILLS DEVELOPMENT COMPANY when Georgia security deposits turns on the distinction in this sentence: "The tenants also paid the landlord a $50 security deposit which was placed in an escrow account. The tenants did not pay the monthly rent for January 1978 and the landlord commenced dispossessory proceedings for non-payment of rent." Do not lift it out of the facts the court was deciding.

CANNON v. WESLEY PLANTATION APARTMENTS Et Al.

CANNON v. WESLEY PLANTATION APARTMENTS Et Al., 256 Ga. App. 244 (2002)

…ts, alleging that his former landlord wrongfully retained a security deposit and fraudulently demanded additional money. Wesley Plantation denied Cannon’s allegations and counterclaimed, asserting that it was entitled to retain the security deposit. Wesley Plantation also sought an additional $543 for excessive damage to the apartment and payment of attorney fees pursuant to th…

Georgia opinions such as CANNON v. WESLEY PLANTATION APARTMENTS Et Al. are cited where security deposits is disputed. The court stated: "Wesley Plantation denied Cannon’s allegations and counterclaimed, asserting that it was entitled to retain the security deposit." That is the language to brief; the rest of the decision supplies the procedural posture.

WRIGHT v. IC ENTERPRISES, INC.

WRIGHT v. IC ENTERPRISES, INC., 330 Ga. App. 303 (2014)

…d that the landlord was not entitled to retain the tenant’s security deposits. Because these rulings were erroneous, we reverse. In reviewing a trial court’s ruling on a motion for summary judgment, we conduct a de novo review to determine whether the undisputed facts warrant judgment as a matter of law. OCGA § 9-11-56; Vick v. Tower Place, 268 Ga. App. 108 (601 SE2d 348) (2004…

WRIGHT v. IC ENTERPRISES, INC. is worth reading on Georgia security deposits because the court put the point in its own words: "Because these rulings were erroneous, we reverse. In reviewing a trial court’s ruling on a motion for summary judgment, we conduct a de novo review to determine whether the undisputed facts warrant judgment as a matter of law. OCGA § 9-11-56; Vick v. Tower Place, 268 Ga. App." Use that passage as the starting point, then read the facts that precede it.

ZAKARIA v. McELWANEY and vice versa

ZAKARIA v. McELWANEY and vice versa, 174 Ga. App. 149 (1985)

…onth. The plaintiff paid the defendant landlord $450 as the security deposit. On March 22, 1983, the plaintiff notified the defendants in writing that she would be vacating the premises on April 22, 1983, prior to the expiration of the lease term. The plaintiff ceased paying rentals on April 15, 1983, and vacated the premises prior to that date. The defendants retained the plai…

On security deposits, ZAKARIA v. McELWANEY and vice versa speaks to the Georgia dispute in this passage: "The plaintiff paid the defendant landlord $450 as the security deposit. On March 22, 1983, the plaintiff notified the defendants in writing that she would be vacating the premises on April 22, 1983, prior to the expiration of the lease term." The surrounding opinion shows how the court applied that language to the record.

TRAVELERS INSURANCE COMPANY v. LINN

TRAVELERS INSURANCE COMPANY v. LINN, 235 Ga. App. 641 (1998)

…n signed a new lease *642for this second apartment, and her security deposit was transferred to the new apartment. On April 11, 1996, when this second lease expired, Windsor returned Linn’s security deposit, less certain amounts for damage to the second apartment as well as for some outstanding rent. On March 15,1996, Travelers’ attorney sent Linn a letter stating that she was…

On security deposits, TRAVELERS INSURANCE COMPANY v. LINN speaks to the Georgia dispute in this passage: "On April 11, 1996, when this second lease expired, Windsor returned Linn’s security deposit, less certain amounts for damage to the second apartment as well as for some outstanding rent." The surrounding opinion shows how the court applied that language to the record.

Preece v. Turman Realty Company, Inc.

Preece v. Turman Realty Company, Inc., 228 Ga. App. 609 (1997)

…OCGA § 44-7-35 (c) for Turman’s failure to return her $300 security deposit. Turman answered with a general denial, and the case was tried before a jury. The parties agreed during the trial to allow the court to decide the issue of attorney fees should the jury return a verdict in favor of Preece. Such a verdict was returned. The jury awarded Preece $900, but the trial court t…

On security deposits, Preece v. Turman Realty Company, Inc. speaks to the Georgia dispute in this passage: "OCGA § 44-7-35 (c) for Turman’s failure to return her $300 security deposit. Turman answered with a general denial, and the case was tried before a jury." The surrounding opinion shows how the court applied that language to the record.

GREEN v. WEAVER

GREEN v. WEAVER, 164 Ga. App. 286 (1982)

…endants then amended the counterclaim contending their $100 security deposit had not been returned to them within one month after they surrendered the premises, same having been accepted by the plaintiff, and they sought $300 statutory damages, together with reasonable attorney fees (Code Ann. § 61-606; Ga. L. 1976, pp. 1372, 1382). Plaintiff then amended his complaint seeking…

GREEN v. WEAVER is worth reading on Georgia security deposits because the court put the point in its own words: "Code Ann. § 61-606; Ga. L. 1976, pp. 1372, 1382)." Use that passage as the starting point, then read the facts that precede it.

Key takeaways

Maximum deposit: 2 months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1)
Return deadline: 30 days after termination of occupancy, with an itemized list of deductions
Interest: No general interest requirement; interest may apply if the deposit is placed in an interest-bearing escrow or secured by a surety bond under landlord election rules.
Penalties: Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount improperly withheld in bad-faith cases.
Primary authority: Ga. Code Ann. §§ 44-7-30 to 44-7-36.

Deposit limits in Georgia

2 months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1)

When the deposit must be returned

30 days after termination of occupancy, with an itemized list of deductions

Frequently asked questions

How much can a landlord charge for a security deposit in Georgia?