Georgia Security Deposit Penalties

Georgia landlords who wrongfully withhold deposits may owe up to 3× the deposit amount. Learn your rights under O.C.G.A. §44-7-34.

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Law verified March 11, 2026

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Potentially up to 3x your deposit back

Depending on the facts and how a court applies O.C.G.A. §44-7-35, you may be entitled to recover up to 3 times the amount wrongfully kept. This includes the deposit itself and any modeled statutory multiplier. Georgia's enhanced deposit procedures and treble-damages remedy are tied to covered landlords and managers, including owners of more than ten rental units or properties managed by a third party.

Must Show Bad Faith

Whether any multiplier applies may depend on intent, bad faith, required notice, or other state-specific facts.

Example: $1,500 Deposit

Deposit amount:$1,500Penalty amount:$3,000Total you could recover:$4,500

Penalty

Potentially up to 3x your deposit back

Depending on the facts and how a court applies O.C.G.A. §44-7-35, you may be entitled to recover up to 3 times the amount wrongfully kept. This includes the deposit itself and any modeled statutory multiplier. Georgia's enhanced deposit procedures and treble-damages remedy are tied to covered landlords and managers, including owners of more than ten rental units or properties managed by a third party.

Whether any multiplier applies may depend on intent, bad faith, required notice, or other state-specific facts.

Example

$1,500 deposit$4,500 potential recovery
Deposit: $1,500+Penalty: $3,000

O.C.G.A. §44-7-35

How to Pursue the Penalty in Georgia

To recover penalties under O.C.G.A. §44-7-35, you generally need to: document the move-out date and the missed deadline, send a written demand letter citing the statute, and, if necessary, file in Georgia small claims court (up to $15,000).

A demand letter that specifically cites O.C.G.A. §44-7-35 and calculates the potential Potentially up to 3x your deposit often prompts landlords to settle without going to court.

Questions

Common questions answered.

Your Georgia landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by O.C.G.A. §44-7-34.

If your landlord misses the 30-day deadline, you may be entitled to up to 3× the amount wrongfully withheld under O.C.G.A. §44-7-35. The penalty applies when your landlord acted in bad faith.

No. Georgia law under O.C.G.A. §44-7-34 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Under O.C.G.A. §44-7-35, you may recover up to 3x the deposit amount wrongfully withheld. You must show the landlord acted in bad faith.

To recover the penalty, you must show your landlord acted in bad faith under O.C.G.A. §44-7-35, knowingly withholding the deposit without legitimate grounds.

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