Georgia Security Deposit Demand Letter
In Georgia a landlord must return your deposit within 30 days after getting the premises back. A landlord who wrongfully withholds can owe three times the sum improperly withheld plus attorney's fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Georgia tenant sends a former landlord to recover a security deposit that has not been returned, before filing in magistrate court. In Georgia the landlord must return the full deposit within 30 days after obtaining possession of the premises (O.C.G.A. 44-7-34(a)). If the landlord keeps any portion for actual cause, the landlord must provide a written statement of 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 same 30 days. A landlord may not retain any deposit for ordinary wear and tear (44-7-34(a)). A landlord who fails to provide the required lists and written statements within the time set by 44-7-34 forfeits all rights to withhold any portion of the deposit (44-7-35(b)), and a 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, unless 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 (44-7-35(c)). If the demand is ignored, a Georgia tenant can sue in magistrate court for up to $15,000 (O.C.G.A. 15-10-2), and the deadline to sue on a written lease is six years (O.C.G.A. 9-3-24). DocDraft builds your Georgia security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Georgia tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to magistrate court.
- 2
The 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 former one-month rule with this 30-day deadline.
- 3
A landlord may retain the deposit only for stated causes such as unpaid rent or late fees, abandonment, unpaid utility charges, tenant-contracted repair or cleaning, unpaid pet fees, or actual damages from the tenant's breach, with an attempt to mitigate (O.C.G.A. 44-7-34(a)).
- 4
No security deposit may be retained to cover ordinary wear and tear that resulted from the intended use of the premises without negligence, carelessness, accident, or abuse (O.C.G.A. 44-7-34(a)).
- 5
When a landlord retains any portion for actual cause, the landlord must provide a written statement of the exact reasons, including the comprehensive move-out list of damage compiled within three business days under 44-7-33, and failing to give the required lists and statements in time forfeits all rights to withhold (O.C.G.A. 44-7-34(a), 44-7-33(b)(1), 44-7-35(b)).
- 6
A 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, unless the landlord proves the withholding was not intentional and resulted from a bona fide error despite reasonable procedures (O.C.G.A. 44-7-35(c)).
- 7
If the demand is ignored, a Georgia tenant can sue in magistrate court for up to $15,000 (O.C.G.A. 15-10-2); the deadline to sue on a written lease is six years (O.C.G.A. 9-3-24).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Georgia, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Georgia Requirements for Security Deposit Demand Letter
30-Day Return Deadline
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 former one-month rule with this 30-day deadline. Your demand letter should state that this deadline has passed.
Written Statement of Exact Reasons on Retention
When a Georgia landlord retains any portion for actual cause, the landlord must provide a written statement of the exact reasons, including 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 (O.C.G.A. 44-7-34(a)). A vague or missing statement supports a demand for the full deposit.
Move-Out Damage List Within Three Business Days
A Georgia landlord must compile a comprehensive list of any damage that is the basis for a charge against the deposit within three business days after the lease ends and the premises are vacated or surrendered and accepted (O.C.G.A. 44-7-33(b)(1)); a move-in list of existing damage is also required (44-7-33(a)). A charge not supported by the required list can be disputed.
Permitted Deductions and No Charge for Ordinary Wear and Tear
A Georgia landlord may retain the deposit only for stated causes such as unpaid rent or late fees, abandonment, unpaid utilities, tenant-contracted repair or cleaning, unpaid pet fees, or actual damages from the tenant's breach, and may not retain any deposit for ordinary wear and tear (O.C.G.A. 44-7-34(a)). Charges for ordinary use can be disputed.
Forfeiture for Missing Lists and Statements
A Georgia landlord who fails to provide the required lists and written statements within the time set by O.C.G.A. 44-7-34 forfeits all rights to withhold any portion of the deposit or to sue the tenant for damages to the premises (O.C.G.A. 44-7-35(b)). If you received no timely lists or statement, the full deposit is due.
Three Times the Sum Improperly Withheld, Plus Attorney's Fees
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)). Liability drops to only the sum erroneously withheld if the landlord proves the withholding was not intentional and resulted from a bona fide error made despite procedures reasonably designed to avoid it.
Small-Landlord Exemption From Certain Sections
O.C.G.A. Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 do not apply to units owned by a natural person who, with spouse and minor children, owns ten or fewer rental units and does not use third-party fee management (O.C.G.A. 44-7-36). The 30-day return duty and the wear-and-tear bar in 44-7-34 still apply, but the treble-damages penalty in 44-7-35 may not, so confirm how many units the landlord owns.
Magistrate Court Limit and Deadline to Sue
If the demand is ignored, a Georgia tenant may sue in magistrate court, where the limit is $15,000 (O.C.G.A. 15-10-2). The deadline to sue on a written lease is six years (O.C.G.A. 9-3-24), though filing promptly after the demand is the practical course.