Georgia· Answer
What is the penalty for not returning a deposit in Georgia?
Short answer
Up to 3x the wrongfully withheld amount plus attorney fees under OCGA 44-7-35. The penalty is in addition to the wrongfully withheld deposit itself. Georgia courts routinely hear deposit disputes in small-claims court, where landlords who missed the 30-day deadline without written explanation face a presumption of bad faith.
Source: OCGA 44-7-34
Honest limits
This is an informational answer based on OCGA 44-7-34 as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Georgia-licensed attorney.
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