The two-month cap (2024)
Georgia had no cap until HB 404, the "Safe at Home Act." It added O.C.G.A. § 44-7-30.1: no landlord shall demand or receive a security deposit above the equivalent of two months' rent. The cap applies to residential leases entered into or renewed on or after July 1, 2024.
Escrow and the move-in damage list
Under § 44-7-31, the deposit must be kept in an escrow account used only for that purpose, at a bank or lending institution regulated by Georgia or the United States, and you must be told in writing where the account is. The law does not require interest. Before you pay the deposit, § 44-7-33(a) entitles you to a comprehensive list of existing damage, which you may inspect and either sign or dispute in writing.
Move-out inspection and your right to dissent
Within three business days after the lease ends and you move out (or after surrender and acceptance, whichever comes first), the landlord must inspect and compile a list of damage with estimated dollar values (§ 44-7-33(b)). You may ask to inspect the premises and the list within five business days. Dissent matters: in a later lawsuit your claims are limited to the items you specifically disputed. If you were present, signed the final list or failed to dissent, you can lose your claim, provided the lists carried written notice of your duty to sign or dissent.
The 30-day refund and treble damages
Section 44-7-34 requires the landlord to return the deposit within 30 days after obtaining possession, or to send a written statement of the exact reasons for keeping any of it, with the damage list and the balance. The landlord may not charge for ordinary wear and tear. Missing the time limits forfeits the landlord's right to withhold any part of the deposit or to sue you for damage to the premises (§ 44-7-35(b)). A landlord who fails to return money owed is liable for three times the sum improperly withheld plus attorney's fees, unless the landlord proves an unintentional bona fide error (§ 44-7-35(c)). Our calculator uses the 3× rule.
Steps to recover a Georgia deposit
- Keep the signed move-in damage list.
- Ask to inspect the move-out list within five business days, and dissent in writing to every disputed item.
- Make sure the landlord has your current mailing address. Statements mailed first-class to your last known address count.
- After 30 days, send a demand citing §§ 44-7-34 and 44-7-35. If that fails, file a claim in small claims court.
Neighboring states
North Carolina also caps deposits at two months for longer leases, and Florida uses a notice-of-claim process.
Frequently asked questions
How much can a Georgia landlord charge for a security deposit?
For leases entered into or renewed on or after July 1, 2024, no more than two months' rent (O.C.G.A. § 44-7-30.1).
How long does a Georgia landlord have to return a deposit?
30 days after obtaining possession, with a written statement of the exact reasons for any amount kept (§ 44-7-34).
What is the penalty for wrongfully keeping a deposit in Georgia?
Three times the sum improperly withheld plus reasonable attorney's fees. A landlord who proves an unintentional bona fide error owes only the sum withheld (§ 44-7-35(c)).
Do small landlords have to follow these rules?
A natural person who, with family, owns ten or fewer units and does not pay a third party to manage them is exempt from §§ 44-7-31, -32, -33 and -35 (§ 44-7-36).
Sources
- O.C.G.A. § 44-7-30.1 — deposit limit (Justia, statute text)
- HB 404 (2024), "Safe at Home Act" — enrolled text (Georgia General Assembly)
- O.C.G.A. § 44-7-31 — escrow account (Justia, statute text)
- O.C.G.A. § 44-7-33 — move-in and move-out damage lists (Justia, statute text)
- O.C.G.A. § 44-7-34 — return of deposit (Justia, statute text)
- O.C.G.A. § 44-7-35 — remedies (Justia, statute text)
- O.C.G.A. § 44-7-36 — exemption for small landlords (Justia, statute text)
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.