Georgia Lease Agreement: O.C.G.A. Title 44 Rules, Deposit Account, 30-Day Return (2026)

Georgia's residential landlord-tenant framework lives in O.C.G.A. Title 44, Chapter 7, and is one of the more landlord-friendly state codes in the United States. Georgia has no deposit cap, no rent control, no broad just-cause eviction requirement, and no statutory notice-to-enter rule. The three areas where Georgia does impose meaningful obligations on landlords are deposit handling (especially for landlords with 10 or more units), the mandatory move-in inspection under O.C.G.A. 44-7-33, and an asymmetric 60-day landlord notice for terminating month-to-month tenancies.

Updated 18 May 2026

General legal information, not legal advice. Georgia O.C.G.A. Title 44 Chapter 7 is the principal source. Atlanta has additional local Fair Housing protections; most other Georgia jurisdictions default to state law. Consult a Georgia-licensed attorney for any specific situation.

The mandatory move-in inspection that breaks deposit claims

O.C.G.A. section 44-7-33 is the rule that Georgia landlords most frequently violate, and it has the most serious consequences. Before the landlord may demand a security deposit, the landlord must provide the tenant with a comprehensive list of existing damages to the dwelling unit. The list must be signed by both parties and attached to the lease. The tenant has the right to inspect the premises before signing the list, and any disputes about pre-existing damage must be resolved at move-in.

The consequence of skipping the move-in inspection is severe. Under O.C.G.A. 44-7-33(c), a landlord who fails to provide and obtain a signed move-in damages list cannot claim any deduction from the security deposit for damage at move-out. The forfeiture is absolute. A landlord with a clearly damaged unit at move-out, with photographs, with repair receipts, with a signed lease provision allowing deductions, cannot deduct one dollar from the deposit if no move-in inspection was performed. The rule is one of the strictest landlord-procedural traps in U.S. landlord-tenant law.

At move-out, O.C.G.A. 44-7-33(b) requires the landlord to provide the tenant with a written list of damages within 3 business days. The tenant then has the right to inspect the premises within 5 business days of move-out and to add to the list. The 3-business-day requirement is also strict; landlords who fail to provide the move-out list within the window forfeit deductions for damage. The rule prevents the common practice in some states of waiting weeks before itemising deductions to avoid tenant dispute.

Security deposit handling under O.C.G.A. 44-7-31 to 44-7-37

Georgia sets no statutory cap on the deposit amount. Most landlords charge between one and two months of rent. The handling rules in O.C.G.A. 44-7-31 distinguish between two landlord classes: those with 10 or more units, and those with fewer than 10.

Landlords with 10 or more rental units must deposit security deposits in an escrow account at a federally regulated financial institution and must inform the tenant in writing of the bank's name. The notice may be provided in the lease or in a separate written document. Failure to provide the notice gives the tenant a defence to claims for unpaid rent up to the amount of the deposit. The 10-unit threshold applies to the landlord's total rental units, not just the units in the specific building where the tenant resides.

Landlords with fewer than 10 rental units may comply with O.C.G.A. 44-7-31 by posting a surety bond with the clerk of the superior court of the county where the property is located. The bond is in an amount equal to the total of all security deposits held by the landlord. Few small landlords use the bond option in practice; most simply place deposits in escrow even though not statutorily required.

O.C.G.A. 44-7-34 requires the landlord to return the deposit, with an itemised statement of deductions, within 30 days after the tenant vacates and provides a forwarding address. The 30-day clock runs from the later of the surrender date or the date the forwarding address is provided. The deposit return must include receipts or invoices for any deductions claimed.

O.C.G.A. 44-7-35 is the penalty provision. A landlord who wrongfully withholds the deposit is liable for three times the amount wrongfully withheld, plus the tenant's reasonable attorney fees. The three-times penalty is among the strictest in the United States (matching Texas's three-times rule). Combined with the move-in inspection forfeiture rule, Georgia's deposit penalties make procedural compliance unusually important.

The asymmetric 60-day notice rule

O.C.G.A. section 44-7-7 governs termination of month-to-month tenancies. The landlord must give the tenant 60 days written notice. The tenant must give the landlord 30 days written notice. The asymmetry is one of Georgia's stranger statutory quirks: most states require equal notice from either party, but Georgia requires double notice from the landlord.

The 60-day landlord requirement applies even when the landlord simply does not want to renew. Georgia does not require "cause" for non-renewal of a month-to-month, but the 60 days is mandatory. A landlord who gives only 30 days notice has effectively given no notice; the tenancy continues to the next eligible termination date. The rule frequently catches landlords who model on Texas, Florida, or other neighbouring states.

For fixed-term leases, the lease itself controls the end of the term. Neither party need give end-of-term notice unless the lease requires it. After the lease expires without renewal notice from either party, the tenancy becomes month-to-month and the 60-day landlord rule applies to subsequent termination.

For rent increases, the 60-day notice rule of O.C.G.A. 44-7-7 also applies. A landlord who wishes to raise rent on a month-to-month tenancy must give the tenant 60 days written notice of the new rent amount, effective on a future date. The notice does not require any reason or justification.

Eviction in Georgia: the dispossessory affidavit

Georgia eviction is among the fastest in the United States. O.C.G.A. section 44-7-50 governs the "dispossessory" procedure. For non-payment, the landlord must first make a demand for possession (oral or written). After the demand and the tenant's failure to pay or vacate, the landlord files a dispossessory affidavit in the magistrate court of the county where the property sits.

The court issues a summons requiring the tenant to file a written answer within 7 days. If the tenant fails to answer, the court enters a writ of possession by default. If the tenant answers and contests, a hearing is set, typically within 7 to 14 days. Overall timelines from missed rent to writ execution typically run 14 to 40 days, the fastest in the United States outside of a few other Southern states.

For other lease violations, the landlord follows the same dispossessory procedure but must allege the specific violation in the affidavit. Georgia does not require a statutory cure period for lease violations; the lease itself controls. Many Georgia leases include a 7-day cure period for non-monetary violations, but this is contractual rather than statutory.

For step-by-step eviction templates and the full state-by-state timeline, see the eviction notice page.

Sample Georgia-specific clauses

Move-in damages list (O.C.G.A. 44-7-33)

MOVE-IN DAMAGES LIST (O.C.G.A. 44-7-33): The parties have jointly inspected the Premises and prepared the attached Exhibit A, listing all damages and defective conditions existing as of [DATE]. Both parties have signed Exhibit A. Tenant has had the opportunity to inspect the Premises and to add or dispute items on the list. Landlord acknowledges that failure to provide and obtain this signed list forfeits the right to deduct from the security deposit for damages at move-out.

Security deposit clause

Tenant has paid Landlord the sum of $[AMOUNT] as a security deposit pursuant to O.C.G.A. sections 44-7-31 to 44-7-37. Landlord [shall hold the deposit in an escrow account at BANK NAME / has posted a surety bond with the Clerk of Superior Court of COUNTY]. Landlord shall return the deposit, with an itemised statement of any deductions and supporting receipts, within 30 days after Tenant vacates and provides a written forwarding address. Failure to return within 30 days will result in three-times damages and reasonable attorney fees under O.C.G.A. 44-7-35.

Notice of termination (O.C.G.A. 44-7-7)

TERMINATION (O.C.G.A. 44-7-7): Either party may terminate this month-to-month Agreement by giving the following written notice: 60 days from Landlord to Tenant, or 30 days from Tenant to Landlord. The notice shall end the tenancy at the close of a rental period.

How Georgia sits

Georgia sits closer to Texas and Florida on the permissive end of the spectrum: no deposit cap, no rent control, fast eviction. The procedural traps (mandatory move-in inspection, asymmetric notice, three-times penalty for wrongful deposit retention) are unusual in their strictness given the otherwise permissive structure. The contrast with the California page and the New York page is sharp; the closest comparator on overall structure is the Texas page. See the state hub for the full comparison.

Frequently Asked Questions

Does Georgia cap the security deposit?

No. Georgia's residential landlord-tenant statutes (O.C.G.A. Title 44, Chapter 7) set no cap on the deposit amount. Landlords may charge any amount, though most charge one to two months of rent.

When must a Georgia landlord return the security deposit?

O.C.G.A. section 44-7-34 requires the landlord to return the deposit, less itemised deductions, within 30 days after the tenant vacates and provides a forwarding address. If the landlord fails to return the deposit or provide the itemised statement within 30 days, the landlord forfeits the right to retain any portion and the tenant may recover three times the wrongfully withheld amount under O.C.G.A. 44-7-35.

What is the Georgia deposit-account disclosure?

O.C.G.A. section 44-7-31 requires landlords of 10 or more units to deposit security deposits in an escrow account at a federally regulated financial institution and to inform the tenant of the bank's name in writing. The disclosure may be in the lease or in a separate document. Landlords of fewer than 10 units may comply by posting a surety bond with the local clerk of court.

How much notice ends a Georgia month-to-month tenancy?

O.C.G.A. section 44-7-7 requires 60 days notice from the landlord for month-to-month tenancies but only 30 days from the tenant. This asymmetric notice rule is unusual: most states require equal notice from either party. The 60-day landlord notice is among the longer state-level notice requirements outside of New York's HSTPA sliding scale.

Does Georgia have rent control?

No. O.C.G.A. section 44-7-19 explicitly prohibits Georgia counties and municipalities from enacting rent control on private residential property. No Georgia jurisdiction has rent control, and any local ordinance attempting to impose rent control is preempted.

Does Georgia require an inspection at move-in and move-out?

Yes. O.C.G.A. section 44-7-33 requires a written list of existing damages, prepared at move-in and signed by both parties, before the landlord may make any deductions for damage at move-out. The landlord must also provide a written list of damages at move-out within 3 business days. Failure to perform the move-in inspection forfeits the landlord's right to claim deductions for damage at move-out.

Can a Georgia landlord enter without notice?

Georgia's landlord-tenant statutes do not impose a statutory notice requirement for landlord entry. The lease itself controls. Most professional Georgia leases include a 24-hour notice clause; absent such a clause, the tenant's only recourse for unreasonable entries is a claim for breach of quiet enjoyment, which is harder to establish than a statutory violation.

Sources

Need a different state or topic? See the state hub, the eviction-notice timelines, the disclosure checklist, or the interactive lease generator.

Updated 2026-04-27