Landlord Sue Tenant for Damages in Georgia Small Claims Court

When the Security Deposit Doesn't Cover the Damage

A tenant moves out and leaves behind holes in drywall, stained carpet that needs replacing, and a broken HVAC unit. Your security deposit covers maybe half the repair costs. Georgia Magistrate Court lets you sue for the difference — up to $15,000 for actions filed through December 31, 2026, and $25,000 for actions filed on or after January 1, 2027 — but you need clean documentation from the start.

The strongest landlord claims begin before the tenant ever moved in. A signed move-in inspection with dated photographs establishes the property's baseline condition. Without it, the tenant argues the damage was pre-existing, and the judge has nothing to compare against.

Preparing Your Case

Georgia's statute of limitations for damage to real property is 4 years from the date the damage occurred (O.C.G.A. § 9-3-30). You have time, but memories fade and contractors move on — file sooner rather than later.

Your evidence package needs three identical sets (for the judge, the tenant, and yourself):

• Move-in inspection report with dated photos showing the unit's original condition
• Move-out inspection report with photos documenting every area of damage
• Repair invoices or itemized estimates from licensed contractors, to document the amount you are claiming
• The lease agreement showing maintenance obligations and deposit terms
• Security deposit accounting — the itemized deduction list you sent the tenant within 30 days after obtaining possession of the premises as defined under O.C.G.A. § 44-7-33(b) (required under O.C.G.A. § 44-7-34)
• Demand letter sent via certified mail requesting payment of the balance

The Security Deposit Accounting Requirement

Under O.C.G.A. § 44-7-34, you must provide an itemized statement of deductions within 30 days after obtaining possession of the premises as defined under O.C.G.A. § 44-7-33(b). If you skip this step, you lose the right to withhold any portion of the deposit — and the tenant can countersue for three times the deposit amount plus attorney fees if your withholding is found to be in bad faith (O.C.G.A. § 44-7-35).

Send that accounting on time even if you plan to sue for the surplus. It protects your deposit deductions and prevents a counterclaim that flips the case against you.

Filing and Serving the Tenant

File your Statement of Claim in the county where the tenant currently resides — not the county where the rental property sits, unless the tenant still lives there. This is the part that trips up landlords: if the tenant moved to another Georgia county, you file in their new county's Magistrate Court.

Finding the tenant's new address can take work. Check forwarding address records, utility transfer requests, and employment information you collected during the lease application. Service must be executed by the Sheriff, Marshal, or a court-appointed process server — you cannot serve the tenant yourself.

At the Hearing

Judges expect you to prove two things: the damage exists, and the tenant caused it. Walk through your evidence chronologically — move-in condition, lease terms, move-out condition, repair costs. Bring your contractor as a witness if the repair amounts are disputed.

The Georgia Small Claims Filing Guide includes a courtroom evidence binder index and service tracking calendar to keep your case organized from filing through judgment.

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