The lease usually comes with the house
The Georgia landlord-tenant handbook published by the Department of Community Affairs explains that when a property changes owners, the new owners are generally subject to existing leases and cannot raise rents or change rules mid-term. A buyer needs to see the lease before making an offer that depends on possession.
The security deposit must be transferred or refunded
When a rental property is sold, the handbook says the former owner must either transfer the deposit to the new owner, who becomes responsible for it, or refund it to the tenant. If the former owner does neither, the tenant can sue to recover it. Put the deposit's handling in the written terms.
A sale is not a foreclosure
The handbook draws a line: if a property is foreclosed, the original landlord-tenant relationship ends and the tenant may be subject to eviction. A voluntary sale works differently, which is one reason a planned sale is usually easier on everyone than a forced one.
The tenant-occupied seller file
Pull the lease and any renewals, the rent ledger, the deposit amount and where it is held, and any notices exchanged with the tenant. Decide whether the house is being sold with the tenant in place, and make sure the offer says so.
Authoritative sources
These official resources are starting points for records or public guidance. They do not replace property-specific professional advice.
- Georgia landlord-tenant handbookGeorgia Department of Community Affairs: sale, deposits, and foreclosure.
This material is general education. Contract, legal, tax, title, probate, foreclosure, tenant, insurance, safety, and property-condition questions may require qualified professional advice.


