2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 2 - Security Deposits
§ 44-7-33. Lists of Existing Defects and of Damages During Tenancy; Inspection of Premises by Landlord Upon Termination of Lease and Vacation or Surrender of Premises; Right of Tenant to Inspect and Dissent; Action to Recover Security Deposit

1. Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises which shall be for the tenant's permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of such list prior to taking occupancy. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on such list to which he or she dissents and shall sign such statement of dissent.
2. 1. Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises, whichever occurs first, the landlord or his or her agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall upon request have the right to inspect the premises and such list within five business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises and the inspection by the landlord or his or her agent. If the tenant is present with the landlord at the time of the inspection, the landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he or she shall state specifically in writing the items on the list to which he or she dissents and shall sign such statement of dissent. The landlord shall then comply with the provisions of Code Section 44-7-34.
   2. If the tenant vacates or surrenders the premises without notifying the landlord, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage within a reasonable time after discovering the premises has been surrendered by vacancy. The landlord shall sign the list and then comply with the provisions of Code Section 44-7-34.
3. A tenant who disputes the accuracy of the final damage list compiled pursuant to subsection (b) of this Code section and provided to the tenant pursuant to Code Section 44-7-34 may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant's claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant is present for the inspection of the premises after vacancy and signs the landlord's final damage list or fails to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant's duty to sign or to dissent to the list. A tenant who did not inspect the premises after vacancy or was not present for the landlord's inspection of the premises after vacancy and, in either case, did not request a copy of the landlord's final damage list shall have the right to dispute the damages assessed by the landlord.

(Code 1933, § 61-604, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 2018, p. 969, § 3/HB 834.)

The 2018 amendment, effective July 1, 2018, in subsection (a), substituted "premises which shall" for "premises, which list shall" in the first sentence, substituted "such list" for "the list" in the second and fourth sentences, inserted a comma following "sign the list" in the third sentence, and inserted "or she" in the middle of the fourth sentence; substituted the present provisions of subsection (b) for the former provisions, which read: "Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy."; and, in subsection (c), in the middle of the first sentence, substituted "compiled" for "given" and inserted "and provided to the tenant pursuant to Code Section 44-7-34", substituted "tenant is present for the inspection of the premises after vacancy and signs the landlord's final damage list or fails" for "tenant fails to sign a list or" near the middle of the third sentence, and added the fourth sentence.

- For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 155 (2018). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).

JUDICIAL DECISIONS

Withholding security deposit not barred by noncompliance with security deposit provisions.

- Even though a landlord did not comply with the provisions of the security deposit statute, this did not bar the landlord from bringing an action to recover unpaid rent due on a lease contract or for withholding the security deposit for nonpayment of rent. Zakaria v. McElwaney, 174 Ga. App. 149, 329 S.E.2d 310 (1985).

- When the plaintiffs did not retain the defendant's security deposit to cover damages caused by a fire, they were never obligated to provide her with any of the written statements listed in the statute. Travelers Ins. Co. v. Linn, 235 Ga. App. 641, 510 S.E.2d 139 (1998).

- When a landlord does not retain a security deposit and is therefore not required to provide written statements under O.C.G.A. §§ 44-7-33 and44-7-34, the landlord's failure to do so cannot work a forfeiture of the right to sue the tenant for damages to the property under O.C.G.A. § 44-7-35(b). Travelers Ins. Co. v. Linn, 235 Ga. App. 641, 510 S.E.2d 139 (1998).

- Landlord was entitled to retain tenant's security deposit for damages that were not normal wear and tear in the apartment the tenant rented from the landlord pursuant to a lease agreement as the landlord fulfilled the obligation of inspecting the apartment within three days of the date the tenant surrendered the apartment and thereafter notified the tenant of the balance due to repair damage that was not part of normal wear and tear. Cannon v. Wesley Plantation Apts., 256 Ga. App. 244, 568 S.E.2d 137 (2002).

Cited in Kimber v. Towne Hills Dev. Co., 156 Ga. App. 401, 274 S.E.2d 620 (1980).