O.C.G.A. § 9-3-24
Security Deposit Claims
Claims for improper withholding of security deposits.
Statute of Limitation in Georgia
The statute stipulates that all actions upon simple contracts in writing must be filed within six years after they become due and payable.
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Exceptions & Conditions
An exception occurs for actions related to breaches of contracts for the sale of goods under Article 2 of Title 11 and for negotiable instruments under Article 3 of Title 11, which are governed by different statutes of limitations. Contact an attorney.
Example Scenario
If a tenant vacates a rental property on April 1, 2023, the landlord must return the security deposit or notify the tenant of any claims by April 30, 2023.
Understanding Statutes of Limitations in Georgia
The statute of limitations for security deposit claims in Georgia acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Georgia state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for security deposit claims after the 6-years period has expired, the defendant will likely file a motion to dismiss the case. In Georgia, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Georgia law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Georgia serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (6 years in this instance), potential liability is extinguished.
Can this be resolved in Georgia Small Claims court?