O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-7-30 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term: (1) ‘‘Nonrefundable fee’’ means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded. (2) ‘‘Residential rental agreement’’ means a contract, lease, or license agreement for the rental or use of real property as a dwelling place. (3) ‘‘Security deposit’’ means money or any other form of security given after July 1, 1976, by a tenant to a landlord which shall be held by the landlord on behalf of a tenant by virtue of a residential rental agreement and shall include, but not be limited to, damage deposits,

advance rent deposits, and pet deposits. Such term shall not include nonrefundable fees, or money or other consideration which are not to be returned to the tenant under the terms of the residential rental agreement or which were to be applied toward the payment of rent or reimbursement of services or utilities provided to the tenant.

History

(Code 1933, § 61-601, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 1982, p. 3, § 44; Ga. L. 2007, p. 498, § 3/SB 94.)

Annotations

JUDICIAL DECISIONS Refundability of a ‘‘security deposit’’ is implicit, and the absence of any express agreement as to the refundability of such a deposit is immaterial. Race, Inc. v. Wade

Leasing, Inc., 201 Ga. App. 340, 411 S.E.2d 56 (1991). Cited in Kimber v. Towne Hills Dev. Co., 156 Ga. App. 401, 274 S.E.2d 620 (1980).

RESEARCH REFERENCES Am. Jur. 2d. - 49 Am. Jur. 2d, Landlord and Tenant, § 522. C.J.S. - 52A C.J.S., Landlord and Tenant, § 989 et seq.

ALR. - Validity and construction of provision of lease or condition of bond protecting lessor from loss in consequence of violation of the liquor law, 62 ALR 431.

Notes of Decisions
Cited in 3 cases, 1985–2019 · leading case: Whelan v. Wesley Apt. Homes, LLC, 376 F. Supp. 3d 1312 (N.D. Ga. 2019).
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Whelan v. Wesley Apt. Homes, LLC, 376 F. Supp. 3d 1312 (N.D. Ga. 2019). “He alleges violations of the Georgia Security Deposit Statute, particularly sections 44-7-30 through 44-7-37. Id. at 5.”
Zakaria v. McElwaney, 329 S.E.2d 310 (Ga. Ct. App. 1985). · cites it 2× “(now OCGA § 44-7-30 et seq.) “is only to prevent the wrongful withholding of security deposits from tenants by landlords.”
Travelers Ins. v. Linn, 510 S.E.2d 139 (Ga. Ct. App. 1998). · cites it 2× “Linn contends that plaintiffs are precluded from asserting any claims relating to the fire damage because Windsor failed to comply with its obligations under the security deposit statute, OCGA § 44-7-30 et seq. Because Windsor never withheld Linn’s security deposit due to the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.