In a tight inventory market, you may find your dream home in East Cobb or Marietta—only to discover it is currently occupied by a renter. Buying a tenant-occupied property in Georgia requires navigating specific legal hurdles.
Understanding the Lease Agreement
In Georgia, a lease survives the sale of a property. This means that if you buy a home with a tenant who has six months left on their lease, you become the new landlord, and you cannot force them to leave before the lease expires (unless the lease contains a specific termination-on-sale clause).
Month-to-Month Tenants
If the tenant is on a month-to-month lease, Georgia law requires the landlord (the seller, or you, if you close first) to provide a 60-day notice to vacate. This must be factored into your closing timeline and move-in plans.
The Final Walkthrough is Critical
When buying a tenant-occupied home, the final walkthrough is absolutely critical. You must ensure the tenant has fully vacated the property and removed all their belongings before you sign the closing documents. If they haven’t, you may be forced to initiate a lengthy eviction process.