Georgia · Security deposit dispute

Security deposit dispute in Georgia small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Georgia, small-claims cases are heard in the Magistrate Court and you can sue for up to $15,000.

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Statement of Claim (Form MAG 10-01) in Georgia

  1. Complete the Statement of Claim (Form MAG 10-01). Fill in the parties' names and addresses, the amount you are owed (up to $15,000), and the reason for the claim. File it with the Magistrate Court clerk in the county where the defendant lives.
  2. File and pay the fee. File the Statement of Claim with the Magistrate Court clerk and pay the filing fee. If you cannot afford the costs, file a Pauper's Affidavit asking the court to waive them.
  3. The sheriff serves the defendant. The sheriff serves a copy of the Statement of Claim on the defendant. You cannot serve the papers yourself.
  4. The defendant answers within 30 days. The defendant has 30 days from service to file an answer. If they do not respond, you may seek a default judgment.

Filing fees: Filing and service fees are set by the county Magistrate Court and vary; confirm the current amount with the court. A Pauper's Affidavit lets you ask the court to waive costs if you cannot afford them.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 6 years (O.C.G.A. § 9-3-24)

Answering a lawsuit: The defendant must file an answer within 30 days after being served (O.C.G.A. 15-10-43). If they miss it, the court may enter a default judgment; the defendant then has 15 more days to open the default by filing a late answer and paying costs.

Serving the defendant: The sheriff serves a copy of the Statement of Claim on the defendant; the court may also allow leaving a copy at the defendant's home with a suitable person or delivery to an authorized agent (O.C.G.A. 15-10-43). The plaintiff cannot serve the papers personally.

Appeals: Either party may seek review of a Magistrate Court judgment by filing a Petition for Review with the State Court or Superior Court within 30 days (O.C.G.A. 5-3-7(b), under the Superior and State Court Appellate Practice Act effective July 1, 2023; magistrate appellate jurisdiction under O.C.G.A. 15-10-41).

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Georgia Judicial Branch: Magistrate Court Forms and Information. Last reviewed 2026-06-23.