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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

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