Georgia Security Deposit Law

By: Shimshon Wexler

Georgia Security Deposit Law is primarily found in the Georgia Statutes OCGA §§
44-7-30 though OCGA 44-7-37.

Below is a summary of some of the key points that a tenant should have in mind to be in the best position to get the security deposit returned.

“Security deposit” is defined by the law as any money given by a tenant to a landlord which is the tenants’ money and is being held by the landlord. Some common examples of a security deposit are refundable security deposits,
refundable damage deposits or refundable pet deposits. Nonrefundable fees are not security deposits.

Security deposits must be held by the landlord in an escrow bank account. This is a special bank account held by the landlord on behalf of a tenant. The tenant must be informed of the bank where the escrow account is located. The security deposit cannot be held in the landlord’s general or operating account.

Prior to paying a security deposit, the landlord needs to provide a written list of existing damage to the property that will be rented. The tenant must be able to keep that list. The tenant should review that list and write down on that list any other existing damage before paying the security deposit.

After the tenant moves out of the property, the tenant should provide the landlord with a new address where the security deposit can be mailed. The landlord must prepare a written move out damages list within three business days after the tenant has moved out. This list must have any damage to the property and the estimated cost of that damage. The tenant should request this list of damages immediately and again within five business days after moving out. The request should be accompanied by a request to inspect the property. The move-out list may not be ready until three business days after move-out. It is very important that you list any dispute with the move-out damages by writing any disagreement on the list.

If the landlord keeps all or part of the security deposit, the landlord must within 30 days after move-out provide the tenant with a written statement identifying the exact reasons why it kept the security deposit as well as the move-out damage list.

If the landlord did not put the security deposit into an escrow bank account, the landlord cannot keep any of the security deposit.

If the landlord did not make or give the move-in damage list to the tenant, the landlord cannot keep any of the security deposit.

If the landlord did not create the move-out damage list, or despite the tenant’s request give the tenant the move-out damage list and the right to inspect the property within five business days after move-out, the landlord cannot keep any of the security deposit.

If the landlord did not mail a letter within 30-days after move-out with the exact reason for keeping all or part of the security deposit and the final move-out damage list, the landlord cannot keep any of the security deposit.

If the landlord wrongfully keeps or does not return any part of a security deposit, the landlord is required to pay the tenant 3 times the wrongfully withheld amount. The landlord must also pay the attorney’s fees of the tenant.

If a landlord wrongfully keeps any part of your security deposit, please call me for a free consultation and get back the money that you deserve.