How do I dispute a security deposit return in Georgia?

Georgia's Security Deposit Statute (O.C.G.A. §§ 44-7-30 to 44-7-37) lays out distinct rules for the deposit's handling, return, and remedies.

1. Move-In and Move-Out Inspection

The landlord must conduct a written move-in inspection identifying existing damages (§ 44-7-33). Failure to do so may bar later deductions. The tenant has the right to inspect the move-out checklist and dispute it within 30 days.

2. 30-Day Return Rule

Within 30 days after termination and surrender, the landlord must return the deposit (less lawful deductions) and provide a written itemized statement of damages (§ 44-7-34(a)).

3. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, late fees, utility charges, costs of damages caused by tenant breach. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.

4. Bad-Faith 3x Penalty

A landlord acting in bad faith is liable for three times the deposit amount wrongfully withheld, plus reasonable attorney's fees (§ 44-7-35(c)). Bad faith is presumed if the landlord fails to comply with the statute.

5. Bond/Escrow Exemption for Small Landlords

Landlords owning fewer than 10 rental units (and not using a management company) are exempt from the escrow and bond requirements of §§ 44-7-31 and 44-7-32, but the return and itemization rules still apply.

6. Magistrate Court & Limitations

Disputes go to magistrate court (jurisdictional limit raised to $15,000 in 2023). The statute of limitations is 6 years for written contracts (O.C.G.A. § 9-3-24) or 4 years for oral.

This is legal information, not legal advice.