What an Atlanta Landlord Can Lawfully Ask For at Signing

A Midtown two bedroom can lawfully require $8,829 before you get keys. Not typically. Lawfully, as a maximum, under Georgia’s deposit cap combined with first month rent. Most landlords ask for considerably less, but knowing the ceiling tells you whether what you have been asked for is permitted.

This page works out that ceiling for every Atlanta neighborhood and unit type we hold rent data for. The figures are derived from two things: our multi source rent ranges, and the statutory cap in O.C.G.A. 44-7-30.1.

Where the cap comes from

Since 1 July 2024, Georgia law provides that no landlord shall demand or receive a security deposit exceeding the equivalent of two months rent. It arrived with House Bill 404, the Safe at Home Act, and applies to leases entered into or renewed on or after that date.

Before then, Georgia had no statutory limit at all. A good deal of guidance still online describes that older position, which means a landlord working from something they read a few years ago may be asking for more than the statute now permits.

Two months deposit plus one month rent is therefore the maximum lawful cash at signing. That is what the figures below calculate.

The maximums, by neighborhood

Calculated from the midpoint of each rent range. Figures rounded.

The range is worth noticing. A Virginia Highland studio tops out around $4,368. A Midtown two bedroom reaches $8,829. That is a difference of over four thousand dollars in cash required at the same moment, between two neighborhoods a few miles apart.

What counts toward the cap, and what does not

This is the part that decides whether a particular demand is inside the limit, and it catches people out in both directions.

Refundable deposits count together. A pet deposit, a key deposit, or any other refundable amount forms part of the same two month total. A landlord cannot ask for two months rent as a security deposit and then add a refundable pet deposit on top.

Non-refundable fees sit outside it entirely. Application fees, administration fees, non-refundable pet fees, amenity fees and move in fees are not counted toward the cap, and Georgia does not limit them at all.

That second point creates a structural incentive worth understanding. Since the cap applies to refundable money and not to fees, a property can restructure its charges so more of the total is non-refundable. That is lawful. It also means two properties asking for the same total at signing can be offering very different deals, and the label on each charge matters more than the number.

Ask for the move in cost as an itemized list, and sort it into refundable and non-refundable before comparing anything.

What these figures are not

Three things worth being clear about, because a table of dollar figures invites more confidence than it deserves.

They are ceilings, not expectations. Most landlords ask for a single month deposit rather than two. Many managed properties ask for less still, sometimes a few hundred dollars, because a lower barrier fills units faster. The maximum tells you what is permitted, not what is typical.

They exclude every fee. Application and administration charges, which are uncapped, are not in these numbers. Neither are utility connection charges or moving costs. Your actual cash requirement could exceed these figures while remaining entirely lawful, because the parts that exceed them are not deposits.

They rest on compiled rent estimates. Each is calculated from the midpoint of a multi source range. The ranges themselves span several hundred dollars in most neighborhoods, so the derived ceilings inherit that uncertainty. A unit at the top of its range has a higher lawful ceiling than the table shows.

The rules that protect the money once you pay it

The cap is one of several provisions. The others decide whether you get the deposit back.

The inspection list. Under O.C.G.A. 44-7-33, a landlord subject to the formal deposit rules must give you a written list of existing damage before accepting your deposit. A landlord who fails to do so forfeits the right to retain any portion of it. Not a reduced portion. Any portion. Ask for it explicitly, complete it thoroughly, photograph what you record, and keep a signed copy.

Escrow. Under 44-7-31 the deposit must sit in a separate account at a regulated institution, used for no other purpose, with written notice to you of where.

Thirty days. Under 44-7-34 the deposit must be returned within thirty days of the tenancy ending, or the balance returned with a written statement itemizing each deduction.

Treble damages. Under 44-7-35 a landlord who withholds in bad faith may be liable for three times the amount wrongfully withheld.

One exemption applies. Under 44-7-36, a landlord who is a natural person owning ten or fewer units and not using a management company is exempt from the escrow and inspection requirements. They are not exempt from the cap or the thirty day deadline. Establishing early which kind of landlord you are dealing with tells you which rules are in play.

If a demand looks too high

• Check the lease date. The cap applies to agreements entered into or renewed on or after 1 July 2024. An older tenancy that has not renewed may sit under the previous rules.
• Add up everything refundable and compare that total against two months rent. Fees sit outside the calculation.
• Ask in writing, citing the section. An email asking for the legal and contractual basis for a charge, referencing O.C.G.A. 44-7-30.1, creates a record and often resolves it. Many landlords are not aware the rule changed.
• Get advice for anything contested. Georgia Legal Services and Atlanta Legal Aid handle housing matters, and the Georgia Department of Community Affairs publishes a landlord tenant handbook.

The short version

Two months deposit plus first month rent is the lawful ceiling, which runs from about $4,400 for a Virginia Highland studio to about $8,800 for a Midtown two bedroom. Refundable deposits count together toward the cap. Non-refundable fees do not count and are not capped.

Get the written inspection list before you hand over anything, because a landlord who does not provide one cannot keep any of your deposit.

The underlying figures, with sources recorded per row, are free to download at our Atlanta datasets.

Homzora Housing Intelligence · Atlanta edition