Georgia Security Deposit Demand Letter

It is a written demand a Georgia tenant sends a former landlord to recover a security deposit the landlord did not return within the 30 days after obtaining possession that O.C.G.A. 44-7-34(a) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in magistrate court, and it can note the remedy under 44-7-35(c) of three times the sum improperly withheld plus reasonable attorney's fees.

A Georgia security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. In Georgia, small claims are heard in magistrate court, a formal case you file, usually after the demand is ignored, where the limit is $15,000 (O.C.G.A. 15-10-2). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first.

A Georgia landlord must return the full deposit within 30 days after obtaining possession of the premises (O.C.G.A. 44-7-34(a)). A 2018 amendment replaced the older one-month rule with this 30-day deadline keyed to obtaining possession. If the landlord keeps any portion for actual cause, a written statement of the exact reasons must go out within the same 30 days, and a landlord who misses the required lists and statements forfeits the right to withhold (44-7-35(b)).

A Georgia landlord who fails to return a deposit that must be returned is liable for three times the sum improperly withheld plus reasonable attorney's fees (O.C.G.A. 44-7-35(c)). The landlord is liable only for the sum erroneously withheld if the landlord proves by a preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error made despite procedures reasonably designed to avoid it. Citing this in your demand letter shows the cost of a wrongful withholding.

A Georgia landlord may retain the deposit only for stated causes: nonpayment of rent or late fees, abandonment of the premises, nonpayment of utility charges, repair work or cleaning the tenant contracted for with third parties, unpaid pet fees, or actual damages from the tenant's breach, provided the landlord attempts to mitigate (O.C.G.A. 44-7-34(a)). No deposit may be retained for ordinary wear and tear, and deductions outside these categories can be disputed.

Yes. A Georgia landlord who retains any portion for actual cause must provide a written statement identifying the exact reasons, which must include the comprehensive list of damages prepared under O.C.G.A. 44-7-33 when the reason is damage, delivered with payment of the difference within the 30-day window (44-7-34(a)). The landlord must also compile a move-out list of damage within three business days (44-7-33(b)(1)). Failing to provide these lists and statements forfeits the right to withhold (44-7-35(b)).

In Georgia, small claims are heard in magistrate court, where the limit is $15,000 (O.C.G.A. 15-10-2). A deposit claim can include the sum improperly withheld plus, where the withholding was wrongful, three times that sum and reasonable attorney's fees under O.C.G.A. 44-7-35(c). The deadline to sue on a written lease is six years (O.C.G.A. 9-3-24), though sending your demand letter and filing promptly is the practical approach.