Sources checked:
Quick answer. Georgia: deposit capped at 2 months of rent; deposit returned within 30 days; 60-day notice to end month-to-month; 3-business-day notice for unpaid rent; $15,000 small claims limit. 21 of 23 items are confirmed on official pages; 2 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 2 months' rent
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 60 days
- Unpaid rent notice
- 3 business days
- Filing fee
- Varies by county
- Time to answer or appear
- 7 days
- Judgment to writ
- 7 days
- Small claims limit
- $15,000
Security deposit (6 of 6 confirmed)
Law read: O.C.G.A. 44-7-30.1 and Title 44, Chapter 7, Article 2.
Need the other side served? Process serving with an affidavit of service.
-
ConfirmedDeposit limit
No more than the equivalent of two months' rent (O.C.G.A. 44-7-30.1, added by HB 404 for leases entered into or renewed on or after July 1, 2024).
Sources: Georgia House Budget and Research Office: 2024 homeowner and housing legislation brief (HB 404); Georgia Governor's Office: HB 404 (2024) as signed, adding O.C.G.A. 44-7-30.1, checked November 2026
-
ConfirmedReturn deadline
Within 30 days after the lease ends or the tenant leaves, whichever is later, for all landlords regardless of the number of units; any amount withheld for damage is explained in a notice sent within those 30 days (DCA handbook, 2024).
Sources: Georgia House Budget and Research Office: 2024 homeowner and housing legislation brief (HB 404); Georgia Governor's Office: HB 404 (2024) as signed, adding O.C.G.A. 44-7-30.1; Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook (revised August 29, 2024), checked November 2026
-
ConfirmedItemized list of deductions
A notice identifying the damage, with the estimated dollar amount, and any refund of the difference.
Sources: Georgia House Budget and Research Office: 2024 homeowner and housing legislation brief (HB 404); Georgia Governor's Office: HB 404 (2024) as signed, adding O.C.G.A. 44-7-30.1; Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook (revised August 29, 2024), checked November 2026
-
ConfirmedInterest on the deposit
Not required. The state's landlord-tenant handbook says Georgia law doesn't require an interest-bearing account or paying interest to the tenant; the lease may provide for it.
Sources: Georgia House Budget and Research Office: 2024 homeowner and housing legislation brief (HB 404); Georgia Governor's Office: HB 404 (2024) as signed, adding O.C.G.A. 44-7-30.1; Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook (revised August 29, 2024), checked November 2026
-
ConfirmedWhere the deposit is held
For a landlord with more than ten units or a management agent: a bank escrow account (or a bond with the superior court clerk), with written notice to the tenant of where it's held.
Sources: Georgia House Budget and Research Office: 2024 homeowner and housing legislation brief (HB 404); Georgia Governor's Office: HB 404 (2024) as signed, adding O.C.G.A. 44-7-30.1; Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook (revised August 29, 2024), checked November 2026
-
ConfirmedPenalty the law states
For a landlord with more than ten units or a management agent: up to three times the amount withheld, plus attorney fees, unless the withholding was a good-faith mistake.
Sources: Georgia House Budget and Research Office: 2024 homeowner and housing legislation brief (HB 404); Georgia Governor's Office: HB 404 (2024) as signed, adding O.C.G.A. 44-7-30.1; Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook (revised August 29, 2024), checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Tenancy at will: the landlord gives 60 days' notice. | Source: Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook, checked November 2026 |
| Ending month-to-month (tenant) | Tenancy at will: the tenant gives 30 days' notice. | Source: Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook, checked November 2026 |
| Rent increase notice | Tenant at will: at least 60 days' notice before any change to the rental agreement, including a rent increase. During a lease, only if the lease allows it. | Sources: Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook; Georgia Office of the Attorney General, Consumer Protection Division: Ask Ed, notice before increasing rent (December 15, 2020), checked November 2026 |
| Unpaid rent notice | A notice to vacate or pay all past-due rent, late fees, utilities and other charges within three business days, posted in a sealed envelope on the door and sent by any method the lease names. | Source: Office of the Governor of Georgia: HB 404 (2024) as signed, O.C.G.A. 44-7-50, checked November 2026 (O.C.G.A. 44-7-50(c), (d)) |
| Entry notice | No set entry notice period: the DCA handbook says most leases allow reasonable access after notice, with no set period, and Nolo's 50-state chart (updated 7/18/2025) lists Georgia as 'No statute'. Check the lease. | Sources: Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook; Nolo (secondary source): State Laws on Landlord's Access to Rental Property, 50-state chart (updated 7/18/2025), checked November 2026 |
| Late fee limits | No statewide late fee cap. The state's landlord-tenant handbook says a late fee is allowed only if the lease provides for it, in the amount the lease sets; Nolo (secondary source, 2024) agrees there is no cap. | Sources: Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook; Nolo (secondary source): Overview of Landlord-Tenant Laws in Georgia, late fees (updated 7/01/2024), checked November 2026 |
More: Notice periods by state · Notice date calculator
Eviction case, in order (8 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: A notice to vacate or pay all past-due rent, late fees, utilities and other charges within three business days, posted in a sealed envelope on the door and sent by any method the lease names.
- Filing the case Where the case goes and what it costs to start.
-
ConfirmedCourt
Most dispossessory (eviction) cases are filed in the county's magistrate court.
most eviction cases in Georgia are filed in the Magistrate Court.
Source: Judicial Council of Georgia (georgiacourts.gov): Georgia Eviction Policy, A Comparative Analysis of Southern States (May 2024), checked November 2026
-
ConfirmedFiling fee
Set locally by each county's magistrate court. County pages we opened list $100 for one defendant in Upson County and $112 for the affidavit and service on one tenant in Augusta-Richmond County.
For affidavit and service on one (1) tenant $112.00
Source: Augusta-Richmond County Magistrate Court: dispossessory instructions (2022), checked November 2026
-
- The tenant's answer or appearance
-
ConfirmedTime to answer or appear
The answer (written or oral) is due by the seventh day after service.
on or before the seventh (7th) day after the date of service of this affidavit and summons.
Source: Council of Magistrate Court Judges: MAG 30-01 Dispossessory Affidavit and Summons, checked November 2026
-
- Hearing or trial
-
Not confirmedHearing after filing
Not confirmed — check Council of Magistrate Court Judges: MAG 30-01 Dispossessory Affidavit and Summons. Not confirmed on an official page we opened.
-
- Judgment and the writ The order that lets the officer act.
-
ConfirmedJudgment to writ
After a judgment for the landlord, wait seven days before asking for the writ of possession (Fulton County Magistrate Court's landlord checklist).
wait seven (7) days to request the Writ
Source: Fulton County Magistrate Court: Landlord pamphlet (dispossessory checklist), checked November 2026
-
- Lockout Carried out by an officer, not by either side.
-
Not confirmedWrit to lockout
Not confirmed — check Council of Magistrate Court Judges: MAG 30-01 Dispossessory Affidavit and Summons. Not confirmed on an official page we opened.
-
ConfirmedWho carries out the lockout
The sheriff or a designee sets the tenant out after a writ of possession issues.
the sheriff or designee "setting out" a tenant after a writ of possession is issued
Source: Judicial Council of Georgia (georgiacourts.gov): Georgia Eviction Policy, A Comparative Analysis of Southern States (May 2024), checked November 2026
-
- Along the way Paying to stop the case, counsel and diversion programs.
-
ConfirmedPaying to stop the case
Per the report on the Judicial Council's site, a tenant can avoid eviction by paying all rent owed plus court costs within 7 days of the summons; landlords must accept this once in a 12-month period.
they can avoid eviction by paying all rent owed plus court costs within seven days of receiving the summons
Source: Judicial Council of Georgia (georgiacourts.gov): Georgia Eviction Policy, A Comparative Analysis of Southern States (May 2024), checked November 2026
-
ConfirmedRight to counsel (statewide)
No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
An eviction right to counsel is created by an enacted law that, at a minimum:
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
-
ConfirmedDiversion or mediation (statewide)
No state-level diversion, mediation or rental assistance program, per the report; some counties run their own.
there are no state-level diversion, mediation, or rental assistance programs in Georgia
Source: Judicial Council of Georgia (georgiacourts.gov): Georgia Eviction Policy, A Comparative Analysis of Southern States (May 2024), checked November 2026
-
The report is a policy study hosted on the Judicial Council's site, not the statute; check O.C.G.A. Title 44, Chapter 7 for the exact rule. It gives seven days to appeal after a decision.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Monday, March 8, 2027 |
More: Georgia eviction process · Eviction timeline estimator
Deposit disputes: small claims
-
ConfirmedSmall claims limit (for a deposit dispute)
$15,000: the most a small claims case can ask for.
Money claims of less than $15,000; counterclaims must also total less than $15,000.
Filing fee to start a case: $45 to $55.
Source: Georgia Department of Law, Consumer Protection Division: Other options for resolving your dispute, checked November 2026
More: Georgia small claims court
Still to confirm
- Hearing after filing: check Council of Magistrate Court Judges: MAG 30-01 Dispossessory Affidavit and Summons
- Writ to lockout: check Council of Magistrate Court Judges: MAG 30-01 Dispossessory Affidavit and Summons
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Georgia?
No more than the equivalent of two months' rent (O.C.G.A. 44-7-30.1, added by HB 404 for leases entered into or renewed on or after July 1, 2024).
How long does a Georgia landlord have to return a deposit?
Within 30 days after the lease ends or the tenant leaves, whichever is later, for all landlords regardless of the number of units; any amount withheld for damage is explained in a notice sent within those 30 days (DCA handbook, 2024). What goes with it: A notice identifying the damage, with the estimated dollar amount, and any refund of the difference.
How much notice ends a month-to-month tenancy in Georgia?
From the landlord: Tenancy at will: the landlord gives 60 days' notice. From the tenant: Tenancy at will: the tenant gives 30 days' notice.
What notice comes before an unpaid-rent case in Georgia?
A notice to vacate or pay all past-due rent, late fees, utilities and other charges within three business days, posted in a sealed envelope on the door and sent by any method the lease names.
How much notice before a landlord enters a rental in Georgia?
No set entry notice period: the DCA handbook says most leases allow reasonable access after notice, with no set period, and Nolo's 50-state chart (updated 7/18/2025) lists Georgia as 'No statute'. Check the lease.
How long does an eviction case take in Georgia?
Time to answer or appear: 7 days. Judgment to writ: 7 days. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in Georgia?
Set locally by each county's magistrate court. County pages we opened list $100 for one defendant in Upson County and $112 for the affidavit and service on one tenant in Augusta-Richmond County.
Related: Landlord rules by state · Kits for landlords