Georgia landlords must hand you a list of existing damages. Did yours?
Under O.C.G.A. §44-7-33, your Georgia landlord is legally required to give you a comprehensive list of existing damages before accepting your security deposit. You have the right to inspect the unit and verify that list. Both of you sign — and once signed, it becomes conclusive evidence as to what was already broken when you moved in. If you weren't handed a list, here's what to do.
The rule: damage list before deposit
Georgia is one of the few states that puts the documentation burden on the landlord at the front of the lease, not the back. Per §44-7-33:
- Before accepting your deposit, the landlord must give you a comprehensive list of existing damages.
- You have the right to inspect the unit and verify the list's accuracy.
- Both parties sign. The signed list is then conclusive evidence as to patent (visible) defects.
If your landlord skipped this step or handed you a list that doesn't match reality, you have leverage. Photograph every defect yourself, dated, and present them at move-out alongside the signed list (or in place of one).
The basics: O.C.G.A. §§44-7-30 through 44-7-37
- Maximum deposit
- None
- Return window
- 30 days (one month) after lease termination and delivery of possession
- Itemization required
- Yes — itemized list of damages and cost to repair, with any remaining balance
- Move-in damage list
- Required of landlord — must give tenant a comprehensive list of existing damages before accepting deposit
- Inspection cadence at move-out
- Landlord has 3 business days to conduct the final inspection; tenant has 5 business days to inspect and dissent
What you can do as a renter
- Get the move-in damage list in writing. If your landlord didn't give you one, you can request it before paying the deposit — and you have negotiating leverage if they skipped it.
- Inspect and verify before signing. Walk through the unit with the list in hand. Add anything that's missing.
- Photograph every defect yourself, date-stamped. The signed list is strong evidence; your photos make it bulletproof.
- At move-out, request the final inspection in writing. Use the 5-business-day window to dissent if the landlord's findings don't match reality.
FAQ
Does Georgia require a move-in damage list from the landlord?
Yes. O.C.G.A. §44-7-33 requires the landlord to give a comprehensive list of existing damages to the tenant before accepting the deposit. The tenant has the right to inspect and verify; both parties sign.
How long does my Georgia landlord have to return my deposit?
30 days (one month) after lease termination and delivery of possession, with an itemized list of any deductions, under O.C.G.A. §44-7-34.
What's the penalty for bad-faith withholding in Georgia?
Under §44-7-35, intentional bad-faith withholding triggers 3× the wrongfully withheld amount plus reasonable attorney's fees.