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Georgia Notice to Tenants of Intent to Sell

Georgia sets no fixed statutory deadline for telling tenants you intend to sell, so this AI guide shows you how to draft a clear Notice to Tenants of Intent to Sell, honor the 60 day month-to-month rule under O.C.G.A. § 44-7-7, and keep showings lawful under your lease. Attorney-review available for landlords who want extra confidence before they list.

Introduction

When you sell a tenant-occupied property in Georgia, the rules still matter, even though the state has no required 'Notice of Intent to Sell.' This guide covers what you need to get right: how to end a month-to-month tenancy under O.C.G.A. § 44-7-7, why a fixed-term lease stays fully protected, and how to handle property showings based on what your lease says. Get these wrong and you can face legal liability, so it's worth doing them by the book. Think of this as a straightforward manual for staying compliant.

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Key Things to Know

  1. 1

    Georgia offers no official template for a Notice of Intent to Sell. You'll need to write a clear document that names all the parties, the property address, and exactly how showings will work, so there's no room for disputes.

  2. 2

    Georgia law (the O.C.G.A.) doesn't require you to give tenants advance notice of a sale at all. What controls here is the signed lease. Being courteous is good, but your lease and the statutes come first.

  3. 3

    To end a tenancy-at-will (month-to-month), a landlord must give exactly 60 days' written notice, as required by O.C.G.A. § 44-7-7. The tenant, in turn, owes 30 days' notice. These timelines are firm and not up for negotiation.

  4. 4

    A sale does not undo a fixed-term lease. The buyer takes the property subject to that lease, steps into all of the landlord's obligations, and is bound by its terms, rent, and expiration date, without exception.

  5. 5

    No Georgia statute sets a notice period for showings. If your lease allows entry for that purpose, the standard is 'reasonable notice,' which is usually treated as at least 24 hours' written notice to the tenant.

  6. 6

    If your lease has no clause allowing entry for showings, the tenant has an absolute right to refuse access to prospective buyers. In that case you can only enter for a genuine emergency or as otherwise permitted by law.

  7. 7

    The security deposit belongs to the tenancy, not to you as the owner. When you sell, the deposit and all its associated liabilities pass from the seller to the buyer. The Georgia Security Deposit Act still governs how it's handled when the tenancy ends.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in Georgia, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

Open the Notice to Tenants of Intent to Sell guide

Customize your Notice to Tenants of Intent to Sell Template with DocDraft

FORMAL NOTICE TO TENANTS OF LANDLORD'S INTENT TO SELL PROPERTY

Date of Issuance: [DATE]

To: [TENANT NAME(S)] (Hereinafter "Tenant") Property Address: [STREET, CITY, GEORGIA, ZIP] (Hereinafter "the Premises") From: [LANDLORD / OWNER NAME] (Hereinafter "Landlord")

SECTION I: WHY YOU'RE GETTING THIS NOTICE

This letter is formal written notice that the Landlord plans to put the Premises you rent up for sale and transfer ownership. Georgia law (the O.C.G.A.) doesn't specifically require this notice, but sending it is a practical step toward a lawful, orderly sale. This is not an eviction or a termination of your tenancy.

SECTION II: WHAT HAPPENS TO YOUR TENANCY

The sale of the Premises won't immediately change your rights or duties under your current lease. Your tenancy stays protected under Georgia law.

A. Fixed-Term Lease Obligations

If you're on a fixed-term lease, that contract stays in full force and effect. The sale is subject to the terms of your lease. A new owner is legally bound, without changes, to every provision, including the rent amount and the lease expiration date. The new owner takes on the role and responsibilities of "Landlord" as defined in your agreement.

B. Tenancy-at-Will (Month-to-Month) Provisions

If you're on a tenancy-at-will (month-to-month), it continues on its current terms. Please note that if the Landlord, or any later owner, decides to end this tenancy, they must follow O.C.G.A. § 44-7-7. That statute requires the landlord to give at least sixty (60) days' prior written notice to end the tenancy. This Notice of Intent to Sell does not meet that requirement.

SECTION III: HOW SHOWINGS WILL WORK

Letting people into the Premises to show it to prospective buyers, appraisers, and inspectors is a normal part of selling. What governs that access is your lease. Please check the option that matches your lease terms:

[ ] Lease Authorizes Entry: Your lease includes a provision letting the Landlord enter for showings. Under that provision, the Landlord or their agent will give at least twenty-four (24) hours' advance notice before any scheduled showing. All showings will be scheduled during reasonable hours.

[ ] Lease is Silent on Entry: Your lease does not include a provision that clearly allows entry for showings. The Landlord asks for your cooperation in allowing access under the same terms: at least twenty-four (24) hours' advance notice for showings scheduled at mutually agreeable times. Your cooperation is critical to an efficient sale.

SECTION IV: CONTINUITY OF OBLIGATIONS

SECTION V: FORMAL DELIVERY AND COMMUNICATION PROTOCOL

To create your own legally compliant forms, begin here: (/legal-document/notice-to-tenants-of-intent-to-sell).

I, the Tenant, hereby acknowledge receipt of this Notice of Intent to Sell. I understand that my signature does not waive any rights I have under my lease agreement or Georgia law, and does not mean I agree to move out.

Tenant Signature: ______________________ Date: __________ Tenant Signature: ______________________ Date: __________

Georgia Requirements for Notice to Tenants of Intent to Sell

60-Day Notice for Month-to-Month Termination

To terminate a month-to-month tenancy (tenancy at will), Georgia landlords must provide 60 days' written notice to the tenant per O.C.G.A. § 44-7-7.

Fixed-Term Lease Survives Sale

In Georgia, a fixed-term lease is not terminated by a property sale. The buyer inherits the lease and must honor all its terms, including rent and expiration date.

Security Deposit Transfer

The seller must transfer the tenant's security deposit to the new owner at closing. The new owner becomes responsible for the deposit under O.C.G.A. § 44-7-30 et seq.

Entry Rights Governed by Lease

A Georgia landlord's right to enter a property for showings is determined by the lease agreement. No state law grants an automatic right of entry for this purpose.

Reasonable Notice for Showings

If the lease permits entry, landlords should provide reasonable notice before showings, commonly considered to be at least 24 hours, as recommended by state consumer protection guidance.

No Mandatory Pre-Sale Notice

Georgia law does not require landlords to give tenants advance notice that a property is being listed for sale. This notice is a professional courtesy, not a legal mandate.

Written Communication Required

All significant notices, including a notice to terminate the tenancy or changes in rent payment instructions, must be in writing to be legally effective.

Proof of Delivery

Landlords should deliver notices using a method that provides proof of receipt, such as certified mail or hand-delivery with a signed acknowledgment, to document compliance with notice periods.

Frequently Asked Questions

Georgia names no set time, but reasonable notice, usually 24 hours, is the expectation. My right to enter for showings comes from the lease itself, not from statute. If our agreement lacks an entry clause, I can't legally go in to show an occupied unit.

No. A fixed-term lease outlives the sale in Georgia. It simply transfers to the buyer, who is legally bound to honor the rent, the expiration date, and every other term until my tenant finishes out the original contract period.

No. Georgia mandates no official form for a Notice of Intent to Sell. I create it myself to walk my tenant through the sale and the showing process. Putting it in writing is simply good practice for keeping communication clear and documented.

It comes down to the lease. If it grants me entry for showings on proper notice, my tenant can't refuse, and an unreasonable no would breach the contract. But if that clause is missing from our agreement, my tenant can lawfully turn me away.

A sale doesn't end a month-to-month tenancy on its own. To close it out, either I or the buyer must give 60 days' written notice to vacate. Georgia holds landlords to that full 60-day period under O.C.G.A. § 44-7-7.

Because keeping my tenant in the loop matters, the notice tells them directly that I have decided to sell. It sets out how showings will be arranged with their cooperation, and it reassures them that any current fixed-term lease survives the change in ownership intact.

To guarantee my tenant received it, I send the notice through a channel that verifies delivery. Options I trust include handing it over myself, using certified mail that sends back a signed receipt, or whatever delivery method the written lease sanctions.

My tenant's deposit remains secure once ownership changes hands, because those funds are transferred to the buyer at settlement. From there the new owner shoulders the job of holding the deposit and returning it when the rental agreement finally ends.