Cal. Civ. Code § 44-7-35
Remedies for landlord’s noncompliance with article.
Operative Text
(a) A landlord shall not be entitled to retain any portion of a security deposit if: (1) The security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in accordance with Code Section 44-7-32; (2) The initial damage list required by subsection (a) of Code Section 44-7-33 was not made and presented to the tenant as required by such subsection; and (3) The final damage list required by subsection (b) of Code Section 44-7-33 was not compiled and made available to the tenant as required by such subsection. (b) The failure of a landlord to provide the lists and written statements within the time periods specified in Code Section 44-7-34 shall work a forfeiture of all the landlord’s rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises. (c) Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney’s fees; provided, however, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.
Under O.C.G.A. § 44-7-35, Georgia law establishes a tiered set of consequences when a landlord fails to follow the state's security deposit rules. If a landlord did not properly place the deposit in escrow, did not provide the required initial or final damage lists, or did not return funds within the required timeframes, the landlord forfeits the right to keep any portion of the deposit and may also lose the right to sue the tenant for property damage. A landlord who wrongfully withholds a required refund can be held liable for three times the improperly withheld amount plus the tenant's reasonable attorney's fees, though the penalty may be reduced to the actual amount withheld if the landlord proves the error was unintentional and occurred despite having reasonable procedures in place.
Plain English — not legal advice.
Operators who want to preserve their rights under Georgia's security deposit framework should ensure full compliance with each procedural step referenced in O.C.G.A. § 44-7-35, including proper escrow or surety bond placement, timely preparation and delivery of both the initial and final damage lists, and prompt return of any amounts owed. Compliant operators typically maintain documented internal procedures for handling deposits so that, in the event of a dispute, they can demonstrate that any error was unintentional and not the result of a systemic failure. Failing any one of these procedural requirements can result in forfeiture of all rights to withhold funds and exposure to treble damages plus attorney's fees.
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. § 44-7-35, tenants have meaningful remedies if a landlord fails to follow Georgia's security deposit rules — including the right to recover up to three times the amount wrongfully withheld, plus reasonable attorney's fees, when a landlord's noncompliance is found to be intentional. Tenants who believe a deposit was improperly withheld may raise the landlord's procedural failures — such as missing damage lists or improper escrow handling — as part of a claim in Georgia's magistrate or superior court. Tenant-rights organizations and legal aid offices can help explain how the remedies available under this provision might apply to a given set of facts.
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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