Cal. Civ. Code § 44-7-34
Return of security deposit; retention of portion of security deposit.
Operative Text
(a) Within 30 days after obtaining possession of the premises as provided in subsection (b) of Code Section 44-7-33, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his or her household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement identifying the exact reasons for the retention thereof, which shall include the comprehensive list of damages prepared as required by Code Section 44-7-33, if the reason for retention is based on damages to the premises. When such statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing such statement and any payment required to the last known address of the tenant via first-class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant’s breach, provided that the landlord attempts to mitigate the actual damages. (b) In any court action in which there is a determination that neither the landlord nor the tenant is entitled to all or a portion of a security deposit under this article, the judge or the jury, as the case may be, shall determine what would be an equitable disposition of the security deposit; and the judge shall order the security deposit paid in accordance with such disposition.
Under O.C.G.A. § 44-7-34, a landlord in Georgia must return a tenant's full security deposit within 30 days of regaining possession of the rental unit. If any portion is withheld, the landlord must provide a written statement explaining the exact reasons, accompanied by a refund of whatever amount is not being retained. Ordinary wear and tear cannot be the basis for withholding funds, but legitimate deductions—such as unpaid rent, utility charges, abandonment, or actual damages caused by the tenant—are permitted as long as the landlord makes reasonable efforts to limit those damages. When neither party is clearly entitled to the deposit, a court may determine an equitable distribution under subsection (b).
Plain English — not legal advice.
Operators subject to O.C.G.A. § 44-7-34 generally act in compliance by returning the security deposit—or the remaining balance after documented deductions—within the 30-day window following repossession of the unit. A compliant landlord prepares a written statement that identifies each specific reason for any retention, attaches the damage list required by § 44-7-33 when applicable, and mails both the statement and any refund to the tenant's last known address via first-class mail. Deductions are limited to categories explicitly recognized by the statute, such as unpaid rent, utility charges, pet fees, or actual damages, and landlords are expected to take reasonable steps to mitigate any claimed damages before applying the deposit.
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. § 44-7-34, tenants have the right to receive their full security deposit back within 30 days of the landlord regaining possession, along with a written explanation for any amount withheld. Deductions for ordinary wear and tear are not permitted, and any retention must be supported by specific, documented reasons. Tenants who believe a deposit was improperly withheld may raise a violation of § 44-7-34 as a claim in Georgia's magistrate or civil courts, and consulting a local tenant-rights organization can help clarify what options may be available.
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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