If you’re thinking about selling a house in Georgia, especially one that’s being rented out, it’s important to understand Georgia eviction laws before you list it. Whether you’re a landlord looking to simplify your life or a homeowner managing a property from a distance, you’ll want to avoid surprises that could slow down your sale.

In this post, we’ll walk you through how Georgia eviction laws work, what sellers need to know about tenant situations, and how companies like Golex Properties can help you sell fast, even if there are still renters living in the home.

Why You Should Know Georgia Eviction Laws Before Selling

You might be thinking, “Can’t I just tell my tenant I’m selling and ask them to move out?” Unfortunately, it’s not always that simple.

Georgia eviction laws are in place to protect tenants from being forced out unfairly. This means there are specific steps landlords need to follow when asking tenants to leave. If you don’t follow the rules, your sale could get delayed, or worse, you could end up in court.

That’s why knowing the law ahead of time can save you time, money, and stress.

What GA Eviction Laws Say About Removing a Tenant

If you’re planning to sell a house in Georgia that still has tenants living in it, you may be wondering if you can simply ask them to leave. Unfortunately, it’s not that easy. Georgia law outlines specific rules for when and how landlords can remove tenants, and if you don’t follow the process properly, it can delay your sale or even land you in legal trouble.

Let’s walk through how GA eviction laws work, step-by-step, using real legal references to help you understand your rights and responsibilities as a landlord.

1. You Need a Legal Reason to Evict a Tenant

One of the biggest myths about eviction is that landlords can remove tenants whenever they want, especially if they’re trying to sell the home. But under Georgia law, a landlord must have a lawful reason to start the eviction process.

According to the Official Code of Georgia Annotated (O.C.G.A.) § 44-7-50, a landlord can only begin eviction, called a dispossessory proceeding, if:

• The tenant fails to pay rent when due
• The tenant holds over (stays after the lease ends)
• The tenant violates terms of the lease
• The tenant fails to leave after receiving legal notice

Let’s break down those reasons:

• Nonpayment of rent – If a tenant doesn’t pay their rent and doesn’t catch up after being notified, you can begin the eviction process.
• Breaking the lease – This could include damaging the property, having unauthorized occupants or pets, or violating other lease terms.
• Lease has ended and isn’t being renewed – Once a fixed-term lease ends, you can choose not to renew it and ask the tenant to leave.
• You or a family member plan to move in – This may be a valid reason in a month-to-month arrangement but must be handled properly under Georgia law.

Important: You cannot evict a tenant just because you don’t get along, or because you want to sell quickly. Retaliatory evictions (like removing someone for complaining about repairs) are not allowed and can be challenged in court.

2. You Must Provide Proper Notice Before Filing for Eviction

Once you have a legal reason to evict, GA eviction laws require that you give the tenant notice, this is your official warning that you intend to remove them unless the issue is resolved.

Georgia law doesn’t specify an exact number of days for most notices, but here’s what’s common:

• Nonpayment of rent or lease violations: Landlords usually give a 3-day notice to pay or vacate.
• Month-to-month leases: You must provide at least 30 days’ written notice to terminate the agreement, according to O.C.G.A. § 44-7-7.

Best practice: Always give notice in writing, and keep a copy for your records. This protects you if the case ends up in court.

3. If the Tenant Refuses to Leave, You’ll Need to File an Eviction in Court

If the tenant doesn’t move out after getting the proper notice, the next step is to file a dispossessory affidavit at the magistrate court in the county where the property is located.

Here’s what happens, based on O.C.G.A. § 44-7-50 to § 44-7-59:

• You submit your affidavit, stating why the tenant should be evicted.
• The court issues a summons, which is delivered to the tenant (usually by the sheriff or another officer).
• The tenant has 7 days from the date of service to file an answer (their legal response).

If the tenant doesn’t respond, the court may issue a default judgment in your favor. If they do respond, a hearing will be scheduled.

What if the tenant fights it? Tenants have the right to defend themselves in court. They may claim they didn’t violate the lease, that you didn’t give proper notice, or even that the eviction is retaliatory. Be sure to bring copies of your lease, payment history, and any written communication to support your case.

4. The Court Will Issue a Writ of Possession if You Win

If the court sides with you, they’ll issue a writ of possession, this is an official order telling the tenant to leave. According to O.C.G.A. § 44-7-55, the tenant has 7 calendar days from the date the writ is issued to vacate the property.

If they still don’t leave, you can request the sheriff to carry out the eviction by physically removing the tenant and their belongings.

Can I change the locks myself? No. Under Georgia law, self-help eviction is illegal. This means you cannot change the locks, shut off utilities, or remove the tenant’s belongings without a court order. Only the sheriff can legally carry out an eviction after the writ of possession is granted.

Can I evict a tenant just because I want to sell the house? No, not unless the tenant has broken the lease or the lease is ending. If the tenant is in good standing and under a fixed-term lease, you must wait for the lease to expire, or sell the property with the tenant still in place.

What happens if the tenant wants to fight the eviction? They can file an answer in court within 7 days of getting the summons. This will lead to a hearing where both sides can present their case.

How long does the eviction process take in Georgia? If uncontested, the process can take as little as 30 to 45 days from start to finish. If the tenant contests the eviction or requests more time, it may take longer.

What if I need to sell the property fast? You can still sell with tenants in place, Golex Properties specializes in buying tenant-occupied homes. We’ll handle the lease or eviction process after closing so you don’t have to.

What If You’re Selling a House That’s Still Being Rented?

Selling a home that has tenants living in it can feel like walking a tightrope, but the good news is, it’s completely possible if you know the rules and plan carefully. Many landlords and homeowners find themselves in this situation, especially when trying to sell a rental property or an inherited home.

Let’s take a closer look at how it works based on the kind of lease your tenant has, and how Georgia eviction laws come into play.

If the Lease Is Month-to-Month

Month-to-month leases are the most flexible for sellers. Under GA eviction laws, if your tenant is renting on a month-to-month basis, you’re allowed to end the lease at any time, as long as you give proper notice.

In Georgia, you must provide 30 days’ written notice to end a month-to-month tenancy. You don’t need to have a specific reason, and you’re not required to go through the court system if the tenant moves out after the notice period.

What does this mean for you?

If your tenant is on a month-to-month lease and you’re planning to sell, you can give them a formal 30-day notice. Once that period is up and they’ve moved out, you’re free to sell the home vacant.

Tip: Always put the notice in writing and keep a copy. You’ll want to be able to show that you followed the proper legal steps if there are any issues later.

If the Lease Is Fixed-Term

A fixed-term lease means the tenant signed an agreement to live in the property for a set amount of time, often 6 months, a year, or even longer. If that lease is still active and the tenant hasn’t broken any rules, things get a little more complicated.

Under Georgia eviction laws, you can’t evict someone just because you want to sell the home. You must honor the lease until it ends unless the tenant agrees to move out early.

So what are your options?

Option 1: Wait Until the Lease Expires

This is the most straightforward choice. If you’re not in a hurry to sell, you can wait until the lease runs out. Once it ends, you can either:

• Choose not to renew the lease
• Provide notice (30 days for month-to-month) and then sell the home empty

This option works best if you have time and want to avoid the complexities of selling a tenant-occupied property.

Option 2: Sell the Home with the Tenant Still Living in It

If you don’t want to wait, or need to sell quickly, you can list or sell the property with the tenant still living there. This is legal, and many rental property investors actually prefer it because they get an income-producing property from day one.

But there are some things to keep in mind:

• You’ll need to disclose the lease and tenant information to potential buyers.
• The lease stays in place after the sale unless the tenant agrees to new terms.
• Some buyers may be hesitant to purchase a home they can’t move into right away.

Did you know? Golex Properties buys homes with tenants in place. That means you don’t need to wait for a lease to end or go through the eviction process. We’ll take over the property exactly as it is, and handle everything from there.

Frequently Asked Questions

Can I ask the tenant to leave early, even if they have a lease?

Yes, but it has to be a mutual agreement. You can offer them an incentive, like covering moving costs or offering “cash for keys,” but you can’t force them to move out before the lease ends without a valid legal reason.

Do I have to tell the tenant I’m selling the property?

Yes, it’s a good idea to keep communication open and honest. While you don’t need their permission to sell, giving them a heads-up shows respect and can help avoid issues during the process.

Can I show the home to buyers while the tenant is still living there?

Yes, but only if the lease allows it. Most leases include a clause that lets the landlord show the home with reasonable notice (usually 24 hours). Always check the lease terms before scheduling showings.

What happens to the tenant once the home is sold?

The lease continues with the new owner. The tenant must follow the same rules, and the new owner becomes the landlord. The only thing that changes is who receives the rent payments.

Why Selling to Golex Properties Is a Smart Move

If you’re feeling overwhelmed by the idea of selling with a tenant still in the home, you’re not alone. Many sellers worry about:

• Lease restrictions
• Tenants refusing to cooperate
• Buyers backing out because the home isn’t empty

That’s where Golex Properties comes in.

We specialize in buying homes as-is, whether they’re occupied, outdated, or in need of repairs. You don’t have to wait for the lease to expire, clean the house, or deal with frustrating tenant issues. We’ll make a fair, fast cash offer and close on your timeline, even if that’s just a week away.

How Golex Properties Helps You Sell Fast, Even with Tenants

Selling a home is never easy, but trying to sell one with tenants still living inside can feel downright impossible. Between lease agreements, legal rules, and trying to coordinate with renters who may not want to move, it’s enough to make anyone feel stuck.

That’s where Golex Properties comes in.

We’re not your typical home buyer. We don’t expect a freshly painted house, a vacant property, or a perfectly staged living room. In fact, we specialize in buying homes that most traditional buyers walk away from, including properties that still have tenants living in them.

Here’s How It Works

When you sell to Golex Properties, you’re getting a fast, easy, and stress-free sale, no matter what condition your property is in or who’s living there. Here’s what makes us different:

You Don’t Have to Evict the Tenant

This is a big one. Under Georgia eviction laws, evicting a tenant can take time and sometimes even lead to legal battles, especially if the tenant doesn’t want to leave. But when you sell to us, you don’t have to worry about removing the tenant at all. We’ll either take over the lease or deal with the situation after closing. You walk away, and we handle the rest.

You Don’t Need to Make Repairs

Forget painting walls, fixing leaks, or worrying about what buyers will think. We buy homes as-is, which means you don’t have to spend a single dollar getting the house ready. Cracked tile? Old roof? Peeling paint? No problem, we’ve seen it all.

You Don’t Have to Clean or Stage the Home

We’re not coming in for a home tour with high expectations. We don’t need the place to be spotless, and we don’t expect a perfectly decorated space. Whether the tenant has the home tidy or not, we’ll still make an offer.

You Don’t Pay Commissions or Hidden Fees

When you sell your home through a real estate agent, you usually pay 5% to 6% in commission, plus closing costs, service fees, and possible repairs. With Golex Properties, there are no agents, no fees, and no surprises. The number we offer is the amount you walk away with.

We Understand Georgia Eviction Laws, So You Don’t Have To

Navigating Georgia eviction laws can be tricky, especially when you’re trying to sell fast. If you’ve never dealt with an eviction before, the legal process, paperwork, and court dates can feel like a nightmare.

At Golex Properties, we understand how it all works, and we’re ready to step in so you don’t have to worry about it. Whether the tenant is cooperative or not, we’ll take care of the situation after the sale, allowing you to move forward without the stress or delays.

Can I sell a home with tenants still living there?

Yes, absolutely. In Georgia, it’s perfectly legal to sell a home with tenants in place. If the tenant has a valid lease, the new buyer just takes over that lease. Some traditional buyers don’t want to deal with this, but Golex Properties does. We’ve built our process around buying homes exactly like yours, with renters still in them.

How long does the eviction process take in Georgia?

It depends. If the tenant doesn’t fight the eviction, the process can take as little as 30 days. But if they respond in court or ask for more time, it could take several weeks or even a few months. That’s why many sellers choose to skip the eviction altogether and work with us instead, we’ll handle it, even if the tenant refuses to leave.

Do I have to tell the buyer there’s a tenant in the home?

Yes, especially if the tenant has an active lease. It’s important to be upfront and honest, because any buyer who takes over the lease needs to know the terms. With Golex Properties, that’s never an issue, we welcome tenant-occupied properties and know exactly how to handle the paperwork.

What if my tenant won’t leave, but I still want to sell?

You have a few options. Some landlords try offering “cash for keys,” where they give the tenant money to move out early. Others start the eviction process, which can be time-consuming. Or, you can sell to Golex Properties, and we’ll take care of it for you. We buy homes every week with tenants still in them, and we’re prepared to deal with tough situations so you don’t have to.

Why Sellers Choose Golex Properties

• We buy homes fast, sometimes in as little as 7 days
• We handle tenant issues, so you don’t have to
• We make selling simple, no matter what the situation looks like
• We give you a fair cash offer with no fees, no showings, and no stress

Final Thoughts: Know the Rules, Sell with Confidence

If you’re planning to sell a property with tenants, understanding Georgia eviction laws is key. The laws are designed to protect both landlords and renters, so following them carefully is important if you want your sale to go smoothly.

If you’re short on time or just want to avoid the hassle, selling to Golex Properties might be the easiest option. We’ve helped lots of sellers across Georgia move on from their homes quickly, without dealing with long court cases, surprise delays, or expensive repairs.

Want to skip the headaches and sell your house fast, even with tenants? Click here to learn more about how we buy homes as-is or contact us today to get started.