Georgia Move-In and Move-Out Inspection Lists, Escrow and Exemptions for Deposits
Georgia builds deposit disputes around two signed damage lists and an escrow account. Here is how the move-in list, the 3- and 5-business-day move-out inspections and the exemption for small landlords work.
What must the landlord give you before you pay a deposit?
Before the tenant tenders a deposit, the landlord must present a comprehensive list of any existing damage to the premises for the tenant’s permanent retention. The tenant has the right to inspect the premises to check it before taking occupancy, both sign it as conclusive evidence of its accuracy (but not as to latent defects), and a tenant who refuses to sign states in writing the items it dissents from (O.C.G.A. 44-7-33(a)).
How does the move-out inspection work?
Within 3 business days after the lease ends and the tenant leaves, or surrender is accepted, the landlord inspects and compiles the damage list. The tenant has the right, on request, to inspect the premises and the list within 5 business days after the lease ends and the tenant leaves, or after surrender and the landlord’s inspection (44-7-33(b)). Ask in writing before you leave.
Where must the deposit be held?
The deposit must be deposited in an escrow account established only for that purpose in a bank or lending institution subject to regulation by the state or a federal agency, and held in trust for the tenant, or the landlord may post a surety bond with the clerk of the superior court (44-7-31, 44-7-32). The deposit statute we read does not require the landlord to pay interest.
Who is exempt?
A natural person who, with a spouse and minor children, owns 10 or fewer rental units is exempt from the escrow, bond, damage-list and remedies sections, unless a third party manages the units and collects rent for a fee (44-7-36). The 30-day return rule and the two-month cap still apply to them.
What if the tenant leaves without telling the landlord?
The landlord inspects and compiles the list within a reasonable time after discovering the premises were surrendered by vacancy, signs it and then follows the 30-day return rule (44-7-33(b)(2)). Giving the landlord your new address in writing before you leave protects your claim.
Where does a tenant sue?
A tenant may bring an action in any court of competent jurisdiction in the state, including magistrate court for smaller claims. Bring the lease, the move-in list, your photographs, the move-out list and any dissent, and proof of your address. See the return deadline calculator.
A worked example
A landlord that owns 25 units and rents them itself is not exempt: it must present a move-in list, escrow or bond the deposits, inspect within three business days and follow the 30-day rule. A natural person who owns eight units and manages them personally is exempt from those steps, but still may not demand more than two months’ rent on a covered lease and must return the deposit within 30 days. If that person hires a manager for a fee, the exemption is lost.
No walk-through before you leave
The statute gives the tenant a right to inspect after the lease ends and the tenant has left, on request, but not a pre-move-out walk-through. Ask the landlord in writing to meet you at the unit before the keys are returned, take dated photographs of every room and keep them to compare with the landlord’s list. If the landlord will not meet you, say so in your written request so the record shows you asked.
Why the written request matters
A tenant who did not inspect after vacancy, was not present for the landlord’s inspection and did not request a copy of the final damage list keeps the right to dispute the damages the landlord assessed. A tenant who was present and signed, or failed to dissent specifically, may lose the right to recover. Make the request in writing and keep proof of when you sent it.
Frequently asked questions
Does Georgia require a move-in damage list?
Yes, before the tenant tenders a deposit, for landlords not exempt under 44-7-36.
Do I have a right to inspect before I move out?
You can ask to inspect within 5 business days after you leave; the statute gives no pre-move-out walk-through right.
Where must a landlord keep my deposit?
In an escrow account in a regulated bank, or under a surety bond.
Is interest owed on a Georgia deposit?
The deposit article we read does not require it.
Which landlords are exempt from the damage lists?
Natural persons who own 10 or fewer units without fee-based management.
Official sources
- O.C.G.A. 44-7-33: damage lists and inspections
- O.C.G.A. 44-7-36: exemptions
- O.C.G.A. 44-7-34: return of security deposit
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.