Cal. Civ. Code § 44-7-30
Definitions.
Operative Text
As used in this article, the term: (1) “Nonrefundable fee” means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded. (2) “Residential rental agreement” means a contract, lease, or license agreement for the rental or use of real property as a dwelling place. (3) “Security deposit” means money or any other form of security given after July 1, 1976, by a tenant to a landlord which shall be held by the landlord on behalf of a tenant by virtue of a residential rental agreement and shall include, but not be limited to, damage deposits, advance rent deposits, and pet deposits. Such term shall not include nonrefundable fees, or money or other consideration which are not to be returned to the tenant under the terms of the residential rental agreement or which were to be applied toward the payment of rent or reimbursement of services or utilities provided to the tenant.
O.C.G.A. § 44-7-30 establishes the foundational definitions that govern Georgia's residential security deposit law. It distinguishes between a 'security deposit'—money or other security held by a landlord on a tenant's behalf that is expected to be returned—and a 'nonrefundable fee,' which is money both parties have agreed will not be returned. The definition of 'security deposit' is broad, covering damage deposits, advance rent deposits, and pet deposits, but it explicitly excludes nonrefundable fees and amounts applied toward rent, services, or utilities.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-30, how a landlord labels and documents each payment collected at move-in determines which legal rules apply to it. Compliant operators clearly specify in the written rental agreement which charges are nonrefundable fees and which constitute a security deposit, since the statute treats them differently. Amounts that are genuinely nonrefundable must be agreed upon as such in the residential rental agreement; otherwise they may be treated as a security deposit subject to the full range of Georgia's deposit-handling requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-30 sets out the definitions that determine whether money you pay at the start of a tenancy is protected as a security deposit or treated as a nonrefundable fee. If a charge is labeled 'nonrefundable' in your rental agreement, it falls outside the security deposit protections—but if the agreement is silent or ambiguous, the payment may qualify as a security deposit under this provision. Tenants who believe a charge has been misclassified can raise this definition as a basis for a dispute, consult a local tenant-rights organization, or seek guidance on filing a claim in Georgia's magistrate (small claims) court.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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