Landlord kept your deposit in Georgia? Here's what to do.
Georgia law is on your side: your landlord had 30 days under O.C.G.A. § 44-7-34 to return your deposit or itemize deductions. The playbook below is how tenants actually get the money back — usually without a lawyer.
The four steps, in order
- 1
Pin down the deadline
Count 30 days from your move-out date. Missing the statutory time periods forfeits all rights to withhold any portion of the deposit AND to sue the tenant for damages to the premises (§ 44-7-35(b)). If the deadline already passed with no refund and no itemized statement, write that date down — the missed deadline is often a stronger claim than arguing about any individual charge.
- 2
Gather your evidence
Lease, move-in/move-out photos or video, every message with the landlord, and the itemized statement if you got one. No photos? You are not out of luck — the landlord bears the burden of proving damage beyond normal wear and tear , and Georgia has documentation rules working for you: The written statement and dollar-valued damage list go by first-class mail to the tenant's last known address; deductions must be reasonable (depreciated value, not full replacement), and the landlord bears the burden of proving any wrongful withholding was a good-faith error (§ 44-7-35(c)).
- 3
Send a certified-mail demand letter
A formal letter citing O.C.G.A. § 44-7-34, disputing improper charges line by line, and giving a 14-day deadline resolves most cases — landlords settle when they see you know the statute. A landlord who wrongfully withholds is liable for three times the amount wrongfully withheld plus reasonable attorney's fees (O.C.G.A. § 44-7-35(c)), unless they prove an unintentional good-faith error. Note: owners of 10 or fewer units who self-manage are exempt from the treble-damages provision. That exposure is your leverage: put it in the letter.
- 4
File in Magistrate Court
If they ignore you, sue in Magistrate Court — up to $15,000, filing fees around $45–$55 (varies by county), no lawyer needed. Bring a numbered evidence binder and a one-page damages summary; deposit cases are among the most tenant-friendly matters on the small-claims docket.
What's actually deductible — and what isn't
Ordinary wear and tear is never deductible: faded paint, small nail holes, carpet worn by normal use. Legitimate deductions are limited to damage beyond normal use, unpaid rent, and charges the statute allows. Flat cleaning fees without receipts, the landlord's own labor billed by the hour with no records, repainting after a multi-year tenancy, and re-renting costs are the charges tenants dispute — and win — most often.
Frequently asked questions
What should I do first if my landlord kept my deposit in Georgia?
Check the statutory deadline. 30 days after termination of the lease or surrender and acceptance of the premises, whichever occurs last (O.C.G.A. § 44-7-34(a)). If the deadline has passed with no refund or itemized statement, that failure itself is often your strongest claim — document the date you moved out and everything you have received since.
Do I need a lawyer to get my deposit back in Georgia?
Usually not. Most deposit disputes settle after a formal demand letter citing O.C.G.A. § 44-7-34, and if not, Magistrate Court (up to $15,000) is designed for self-represented tenants — filing fees run $45–$55 (varies by county).
What if I don't have move-in photos?
You can still win. The burden of proving damage beyond normal wear and tear is on the landlord, and procedural failures — a missed deadline, no itemized statement, no receipts — don't depend on photos. Gather your lease, messages, and any witnesses instead.
What can I recover if the landlord acted in bad faith in Georgia?
A landlord who wrongfully withholds is liable for three times the amount wrongfully withheld plus reasonable attorney's fees (O.C.G.A. § 44-7-35(c)), unless they prove an unintentional good-faith error. Note: owners of 10 or fewer units who self-manage are exempt from the treble-damages provision.
Turn this playbook into your case — in 20 minutes
Enter your dates, deposit, and the landlord's charges; get a charge-by-charge analysis against O.C.G.A. § 44-7-34, a certified-mail-ready demand letter, an evidence pack, and dated next steps.
Build your case →