How Long Does a Landlord Have to Return a Security Deposit in Georgia? (30 Days)

In Georgia, a landlord has 30 days after termination of the tenancy or surrender of the premises to return the security deposit. The rule is O.C.G.A. §§ 44-7-34, 44-7-35. If the landlord keeps any part of it, the same deadline applies to the written, itemized list of deductions.

What O.C.G.A. §§ 44-7-34, 44-7-35 requires

• Return deadline: 30 days after termination of the tenancy or surrender of the premises.
• Itemized deductions: required in writing.
• Forwarding address: not a statutory condition of getting the deposit back.
• Penalty for wrongful withholding: A landlord who wrongfully withholds is liable for three times the amount improperly withheld plus attorney's fees, unless the landlord proves a bona fide error.
• Small claims limit: $15,000.
• Statute: O.C.G.A. §§ 44-7-34, 44-7-35.
• Does this statute apply to you? O.C.G.A. § 44-7-36 exempts most small landlords from the penalty named here. Sections 44-7-31, 44-7-32, 44-7-33 and 44-7-35 “shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, and his or her minor children collectively own ten or fewer rental units; provided, however, that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee.” Section 44-7-34 is not on that list, so the 30-day return and the written itemized list still bind an exempt landlord — but the treble damages of § 44-7-35 do not. Check who owns the unit, how many rentals they hold, and whether a paid manager collects the rent before relying on the 3x figure.

How to count the 30 days

The clock starts at termination of the tenancy or surrender of the premises, not at the day you signed the lease or the day the landlord got around to inspecting. Keep proof of the date you handed back the keys; that is the date a court will ask about. Count calendar days, including weekends.

What happens if the landlord is late

A landlord who wrongfully withholds is liable for three times the amount improperly withheld plus attorney's fees, unless the landlord proves a bona fide error. Georgia small claims court hears claims up to $15,000, so the deposit and the penalty usually fit in one filing.

Before you rely on that figure, check whether the statute reaches your landlord at all: the fact list above sets out the exemption, and the FAQ below quotes it in full.

What to do on day 31

1. Write down the date the clock started (termination of the tenancy or surrender of the premises) and the date the 30-day deadline passed.
2. Send a dated, written demand that cites O.C.G.A. §§ 44-7-34, 44-7-35, states the deposit amount, and names what Georgia lets you recover (3x the amount wrongfully withheld).
3. Send it by a method you can prove, such as certified mail, and keep a copy.
4. If nothing arrives, file in small claims court with the lease, the move-out date, and the demand letter as exhibits.

Frequently Asked Questions

Q: Does the 30-day clock start when I move out or when the lease ends?
A: It starts at termination of the tenancy or surrender of the premises. If those are different days, the later one is the safer date to count from, and the date you can document is the one that matters.

Q: Do I have to give my landlord a forwarding address in Georgia?
A: O.C.G.A. §§ 44-7-34, 44-7-35 does not make a forwarding address a condition of getting the deposit back, but the landlord still has to know where to send it. Give one in writing anyway so a late return cannot be blamed on you.

Q: Can I sue my landlord in small claims court for my Georgia deposit?
A: Yes. Georgia small claims court hears claims up to $15,000, which covers most deposits plus the statutory penalty. A dated written demand that cites O.C.G.A. §§ 44-7-34, 44-7-35 is the usual first exhibit.

Q: Does O.C.G.A. §§ 44-7-34, 44-7-35 apply to my landlord?
A: Not always. O.C.G.A. § 44-7-36 exempts most small landlords from the penalty named here. Sections 44-7-31, 44-7-32, 44-7-33 and 44-7-35 “shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, and his or her minor children collectively own ten or fewer rental units; provided, however, that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee.” Section 44-7-34 is not on that list, so the 30-day return and the written itemized list still bind an exempt landlord — but the treble damages of § 44-7-35 do not. Check who owns the unit, how many rentals they hold, and whether a paid manager collects the rent before relying on the 3x figure.

Sources Checked

• O.C.G.A. §§ 44-7-34, 44-7-35 (the Georgia statute cited above)
• LeaseLenses Georgia deposit and notice data set, last reviewed 2026-09-19; the same data powers the Georgia document tools
• Georgia landlord-tenant overview and the Georgia deposit rules page

This page is general legal information for Georgia, not legal advice. Statutes change; read the current text before relying on a deadline in court.