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Renters' Rights · Security Deposit

Security Deposit Laws in Georgia

The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Georgia.

Draft entry: figures pending statute verificationStatute §§44-7-30 to 44-7-37Source legis.ga.gov
Security deposit at a glance · Georgia
2 months
is the most a landlord may charge for a security deposit in Georgia. It must be returned within 30 days.
Maximum deposit2 months' rent
Return deadline30 days
Interest to tenantNot required
Separate accountEscrow or bond (small-owner exemption)
ItemizationMove-in + move-out lists required
PenaltyTreble (3×) wrongfully withheld + fees
Statute§§44-7-30 to 44-7-37

What your landlord can hold, and when it's due back

Enter your rent for the Georgia maximum, plus the return-deadline clock.

Deposit calculator · Georgia
Most a landlord can hold
2 months
Enter your monthly rent to see the dollar maximum.
Return clock: 30 days
The deadline runs after the lease ends and the tenant surrenders the unit. Give your landlord a written forwarding address at move-out so the clock starts.

Estimate only, based on Georgia's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.

The full rules, with the statute

Every requirement and where it comes from in the code.

Maximum deposit
2 months' rent. This cap is new: HB 404 (the "Safe at Home Act") added it effective July 1, 2024. Before that, Georgia had no cap at all.

Exceptions: The 2-month cap arrived with HB 404, effective July 1, 2024, for leases entered or renewed on or after that date. Local ordinances (for example in Atlanta) may set a lower limit.

Return deadline
Within one month (30 days) after the lease terminates and the tenant vacates and surrenders the unit, the landlord must return the deposit or account for what is kept.
Interest to tenant
Not requiredGeorgia does not require a landlord to pay interest on a security deposit.
Separate account
ConditionalThe deposit must be held in an escrow account at a regulated bank (§44-7-31) or covered by a surety bond filed with the clerk of superior court (§44-7-32) — except a natural person owning 10 or fewer units without paid third-party management is exempt (§44-7-36).
Itemization
The landlord must give a move-in list of defects, and within three business days after the lease ends and the tenant vacates, inspect and prepare an itemized list of damages, delivered with any refund. Failing to follow the inspection-and-list procedure forfeits the right to withhold (§§44-7-33, 44-7-34).
Local ordinances
Some Georgia cities regulate deposits more tightly than the state. This page states the O.C.G.A. rule; check your local ordinance.

Penalties & recent changes

What happens if the landlord keeps your deposit wrongfully.

If the landlord withholds wrongfully
A landlord who wrongfully withholds is liable for treble (3×) the amount wrongfully withheld plus attorney's fees. Liability drops to the sum itself if the landlord proves the withholding was an unintentional, bona fide error (§44-7-35).
Recent changes

HB 404 (2024 Ga. Laws 392) (effective 2024-07-01): HB 404, the "Safe at Home Act," added a first-ever statewide deposit cap of two months' rent (new §44-7-30.1) and defined "security deposit" broadly to include damage, advance-rent, and pet deposits.

What Georgia renters get wrong

Georgia used to be a no-cap state — that changed on July 1, 2024, when HB 404 (the "Safe at Home Act") capped deposits at two months' rent for the first time. If your lease is older, you may still see a larger deposit that was legal when signed. Georgia also has a distinctive escrow rule with a big carve-out: small landlords who own ten or fewer units and don't use a paid manager are exempt from the escrow-or-bond requirement. Wrongful withholding here is punished hard — treble damages plus attorney's fees.

Common questions

What is the maximum security deposit in Georgia?

Two months' rent, under the Safe at Home Act (HB 404) effective July 1, 2024. Before that date Georgia had no statutory cap, so older leases may lawfully hold more.

How long does a Georgia landlord have to return a deposit?

One month (30 days) after the lease ends and you vacate and surrender the unit. Within that time the landlord must return the deposit or provide an itemized accounting of what was kept.

Does my Georgia landlord have to keep my deposit in escrow?

Usually yes — in a regulated escrow account or covered by a surety bond. But a landlord who is a natural person owning ten or fewer units and using no paid third-party manager is exempt from that requirement.

What penalty applies for wrongful withholding in Georgia?

Treble (three times) the wrongfully withheld amount plus attorney's fees. If the landlord proves the mistake was unintentional and in good faith, liability is reduced to just the amount wrongfully withheld.

Primary source
→ O.C.G.A. §§44-7-30 to 44-7-37
Georgia General Assembly · legis.ga.gov
Draft: pending editorial review
legis.ga.gov refused automated connections and the aggregator mirrors returned 403 this session; the cap and figures were confirmed across Justia, NLIHC, Georgia Appleseed and practitioner summaries, but a human must open O.C.G.A. §44-7-30.1 and §44-7-34 in a browser before this page can carry a verified byline. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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