Nothing has to change for the tenant

The lease is an interest in the property, so it continues past the closing date on the same terms. The tenant keeps the same rent, the same end date, and the same rights. At closing the leases are assigned, the deposits are transferred, and rent is prorated for the month.

For a landlord that removes the two hardest parts of selling an occupied rental conventionally: coordinating showings around a tenant's life, and timing a vacancy so the property shows well.

The deposit transfers, and Georgia has no cap

Georgia sets no statutory limit on security deposits, which is unusual. Landlords above a threshold number of units, or using a management agent, are subject to escrow account and move-in inspection requirements that smaller owners are not.

On a sale the deposit goes to the buyer, who becomes responsible for it to the tenant. Do not refund deposits at closing or treat them as sale proceeds. Bring the ledger so deposits, prepaid rent, and any credits reconcile.

Notice periods run 60 days one way, 30 the other

For a tenancy at will, Georgia requires the landlord to give 60 days' notice to terminate while the tenant need give only 30. Fixed-term leases run to their end date unless the lease says otherwise.

None of that has to happen before a sale. Because the tenancy survives closing, notice is the new owner's decision.

Documents worth gathering now

  • The signed lease and every amendment or renewal
  • A current rent ledger showing payments and any arrears
  • Deposit records and where the funds are held
  • Any demand for possession given, and any filed dispossessory case
  • Housing Choice Voucher or housing-authority paperwork if the tenancy is subsidised
  • Utility account information and who pays what

Frequently asked questions

Can you sell a house with tenants in Georgia?

Yes. The lease survives the sale and the buyer takes the property subject to it. No eviction is required.

Who holds the security deposit after the sale?

The buyer. It transfers at closing and the new owner becomes responsible to the tenant for it.

Does my tenant have to let a buyer inside?

Entry is governed by the lease. We keep it to a single walkthrough scheduled around the tenant and do not need showings.

Can I sell in the middle of a fixed-term lease?

Yes. The term runs to its end date with the new owner as landlord.

How much notice ends a month-to-month tenancy in Georgia?

For a tenancy at will the landlord must give 60 days. That is the buyer's decision after closing, not a prerequisite to selling.

This page is general information about selling property in Georgia, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Georgia professional about yours.