| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent and utilities
Unpaid late fees and pet fees Costs of damage Costs due to abandonment Costs due to a breach of lease Costs for cleaning and repair |
| Return Deadline | 30 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 3x amount wrongfully withheld + attorneys’ fees |
For laws on security deposit collections and holdings in Georgia, click here.
Some cities and counties may have regulations which are different than those presented here. Always check local laws.
Security Deposit Deductions in Georgia
In Georgia, the following can be deducted from security deposits:
- Unpaid rent, utilities, late fees, and pet fees
- Costs of damage excluding normal wear and tear
- Costs as a result of the abandonment of the rental unit
- Costs as a result of a breach of the lease
- Cleaning and repair costs and fees
Most states, such as Georgia, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Georgia?
Georgia has a formal definition for “normal wear and tear,” unlike many other states. The law defines a normal level of wear and tear as:
Ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended.
Examples include:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage,” by contrast, is is described as deterioration due to:
Negligence, carelessness, accident, or abuse of the premises by the tenant or members of his or her household or their invitees or guests.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Georgia?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Georgia?
Landlords in Georgia can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Georgia?
Landlords in Georgia can include a standard cleaning fee in the lease agreement. Landlords may also deduct reasonable cleaning costs from the security deposit.
Can the Landlord Charge for Painting in Georgia?
In Georgia, landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Georgia
Landlords must return a security deposit within 30 days from the date the tenant vacates the unit to the last known address of the tenant via first-class mail.
If the landlord intends to make deductions they must also include a written statement of deductions with the documentation of damages from the initial inspection (if any).
How Long Do Landlords Have to Return Security Deposits in Georgia?
Georgia landlords have 30 days after the tenant vacates the rental unit to return any unused portion of the security deposit.
Do Landlords Owe Interest on Security Deposits in Georgia?
Unlike in some states, such as New Jersey, landlords in Georgia do not owe interest on security deposits. If the security deposit is held in an interest-bearing account, the landlord can choose whether or not to credit the tenant.
How Do Landlords Give Notice?
When a lease ends in Georgia, the landlord must:
- Inspect the premises within three business days from the date the tenant vacates the premise or the lease ends, whichever is earlier
- Make a complete itemized list of damage in the unit and estimated costs
- Allow the tenant to inspect the rental unit and the itemized list of damage within five business days after they vacate the rental unit
When the tenant inspects the unit and reviews the itemized list of damages, they can either sign to agree with the damages (thereby waiving their right to make a claim in court for those items) or provide a statement that they disagree with some or all of the list.
If the tenant vacates the unit without notifying the landlord, the landlord must do the inspection within a reasonable time after finding out that the tenant has left.
The written explanation of deductions must be sent with the security deposit by first-class mail to the tenant’s last known address. If damages were identified in the initial inspection, the documentation should be included with the notice to the tenant.
If a landlord is an individual (not a corporation, partnership, etc.) and they own ten or fewer rental units, together with their immediate family, and do not use a company to manage the units and/or collect rent, they are not required to provide the itemized list of damages.
Can a Security Deposit Be Used for Last Month’s Rent in Georgia?
Georgia law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Georgia
If landlords do not return the security deposit within the required time period, tenants can file a claim in court for up to three times the amount of the deposit wrongfully withheld plus reasonable attorneys’ fees. If the landlord can prove the fault was unintentional, the tenant may only be awarded the amount of the deposit withheld.
Tenants can also take legal action against a landlord for:
- Failure to conduct or give the option of an initial inspection
- Failure to provide written notice that lists deductions if the security deposit is not returned in full
- Failure to place the security deposit in an escrow account or post a surety bond
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Georgia?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $15,000. If the amount is greater, the tenant must file a civil case in State or Superior Court.
A small claims case regarding the return of a security deposit must be filed within 4 to 6 years depending on whether the lease agreement was written or oral.
Cases are filed in the county where the defendant lives. An attorney is permitted but not required.
Sources
- 1 Ga. Code § 44-7-34(a)
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Within 30 days after obtaining possession of the premises as provided in subsection (b) of Code Section 44-7-33, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his or her household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement identifying the exact reasons for the retention thereof, which shall include the comprehensive list of damages prepared as required by Code Section 44-7-33, if the reason for retention is based on damages to the premises. When such statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing such statement and any payment required to the last known address of the tenant via first-class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant’s breach, provided that the landlord attempts to mitigate the actual damages.
Source Link - 2 Ga. Code § 44-7-33(b)
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(1) Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises, whichever occurs first, the landlord or his or her agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall upon request have the right to inspect the premises and such list within five business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises and the inspection by the landlord or his or her agent. If the tenant is present with the landlord at the time of the inspection, the landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he or she shall state specifically in writing the items on the list to which he or she dissents and shall sign such statement of dissent. The landlord shall then comply with the provisions of Code Section 44-7-34.
(2) If the tenant vacates or surrenders the premises without notifying the landlord, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage within a reasonable time after discovering the premises has been surrendered by vacancy. The landlord shall sign the list and then comply with the provisions of Code Section 44-7-34.
Source Link - 3 Ga. Code § 44-7-36
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Code 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.
Source Link - 4 Ga. Code § 44-7-35(c)
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Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney’s fees; provided, however, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.
Source Link - 5 Ga. Code § 15-10-2(a)(5)
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(a) Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters:
…
(5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00, provided that no prejudgment attachment may be granted.
Source Link - 6 Ga. Code § 15-7-4(a)(2)
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(a) Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with the superior courts, over the following matters:
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(2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts; Ga. Code § 15-7-4
Source Link
