Cal. Civ. Code § 44-7-33
Withholding of security deposit; comprehensive lists of damages; inspection of premises.
Operative Text
(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises which shall be for the tenant’s permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of such list prior to taking occupancy. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on such list to which he or she dissents and shall sign such statement of dissent. (b) (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. (c) A tenant who disputes the accuracy of the final damage list compiled pursuant to subsection (b) of this Code section and provided to the tenant pursuant to Code Section 44-7-34 may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant’s claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant is present for the inspection of the premises after vacancy and signs the landlord’s final damage list or fails to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant’s duty to sign or to dissent to the list. A tenant who did not inspect the premises after vacancy or was not present for the landlord’s inspection of the premises after vacancy and, in either case, did not request a copy of the landlord’s final damage list shall have the right to dispute the damages assessed by the landlord.
Under O.C.G.A. § 44-7-33, Georgia law establishes a two-stage inspection and documentation process for residential security deposits. Before a tenant pays a security deposit, the landlord must provide a written list of any pre-existing damage, which the tenant has the right to inspect and either sign or formally dissent from in writing. After the tenancy ends, the landlord must compile a new damage list within three business days and give the tenant an opportunity to review it; a tenant's decision to sign that final list—or failure to specifically dissent in writing—can limit the tenant's ability to later contest deductions in court.
Plain English — not legal advice.
Operators subject to O.C.G.A. § 44-7-33 generally maintain a documented move-in damage list that is presented to the tenant before any security deposit is collected, signed by both parties, and retained by the tenant as a permanent record. At move-out, compliant landlords complete a written damage assessment within three business days of lease termination or vacancy, include estimated dollar values for each item, and offer the tenant an opportunity to inspect and sign or dissent. Keeping thorough records of both the move-in and move-out lists—along with any signed statements of dissent—supports the landlord's position if a dispute over the deposit later arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under O.C.G.A. § 44-7-33, tenants have the right to inspect the rental unit before move-in and to receive a written list of pre-existing damage for permanent retention, as well as the right to inspect the premises and the landlord's final damage list within five business days after vacating. If a tenant disagrees with any item on either list, the statute requires that dissent to be stated specifically in writing and signed, because failing to do so—or signing the final list without objection—can restrict the tenant's ability to recover disputed deposit amounts under O.C.G.A. § 44-7-35. Tenants who believe a portion of their deposit was wrongfully withheld may bring a court action, and tenant-rights organizations can help explain what options are generally available under this provision.
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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