Renting a home that was foreclosed in Georgia: your rights

Your rights as a renter in Georgia, in order

1. Federal floor: 90 days and your lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to move, and a lease signed before the foreclosure lasts until it ends unless the buyer will live in the home. Month to month renters get the 90 days too, and Section 8 voucher holders keep their lease and housing assistance contract. See our [renter's notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); 42 U.S.C. § 1437f(o)(7)

2. What Georgia law adds: very little

   At the foreclosure sale

   The Georgia Department of Community Affairs handbook says that when a rental is foreclosed, the original landlord-tenant relationship ends, you are not automatically evicted, and the new owner may choose to start a new tenancy with you. That is why the federal law matters so much here. The Georgia courts' self-help page describes the federal rule as the right to stay at least 90 days or the rest of the lease, whichever is longer, including month to month tenants.

   Georgia Landlord-Tenant Handbook (DCA, rev. Aug. 29, 2024), Foreclosure; Georgia Courts, Landlord-Tenant self-help page

3. The new owner must go to court to remove you

   7 days to answer after you are served

   The handbook says a landlord cannot put a tenant out or block access without the court dispossessory process, and that self-help evictions are illegal. The owner must first demand possession, with the notice posted in a sealed envelope on your door, then file a sworn affidavit in court. You have 7 days from service of the summons to answer. Answer, and tell the judge you are a bona fide tenant with federal 90-day and lease rights.

   O.C.G.A. §§ 44-7-50(a), (d), 44-7-51(b)

4. Who to pay rent to

   From the sale date on

   We found no Georgia statute that says who a renter pays after a foreclosure sale. Ask the new owner in writing for proof it owns the home and where to send rent, pay by a method that leaves a record, and keep receipts. The handbook says a new owner that accepts or demands rent can create a tenancy at will, which a landlord can end only with 60 days' notice. If your old landlord sues you for rent after losing the home, say in your answer that this person is no longer your landlord.

   Georgia Landlord-Tenant Handbook (DCA, rev. Aug. 29, 2024), Foreclosure; Ending a Tenancy-at-will; Dispossessory defenses

5. Your security deposit

   When ownership changes; refund within 30 days after you move out

   The handbook says that when someone new buys the property, the former owner must either transfer your deposit to the new owner, who then becomes responsible for it, or refund it to you. If neither happens you can sue to get it back, and you should first write to both the old and new owners asking where the deposit is. A deposit must be returned within 30 days after the lease ends or you move out, whichever is later.

   Georgia Landlord-Tenant Handbook (DCA, rev. Aug. 29, 2024), Security Deposit; Move-Out and Security Deposit

6. Utilities in the landlord's name

   At least 5 days' written notice before a shutoff

   If your landlord paid the electric bill and stopped, the handbook says electric providers regulated by the Public Service Commission must give tenants at least 5 days' written notice before a shutoff and must accept payment from you for your share, with a receipt. It also says it is illegal for a landlord to knowingly turn off heat, cooling, light or water during an eviction case before the judge makes a final decision.

   Georgia Landlord-Tenant Handbook (DCA, rev. Aug. 29, 2024), Utilities

7. Keeping an eviction case off your record

   Starts January 1, 2027

   A 2026 law adds a way to ask a court to make dispossessory case records unavailable to the public. After a motion and hearing, a judge may do that if you won the case, if you paid the judgment in full with interest and costs, or if 7 years have passed since a dismissal or a judgment that was paid in full. This can matter if a new owner files against you after a foreclosure that was not your fault.

   O.C.G.A. § 44-7-50(e), added by 2026 Ga. Laws Act 715 (SB 406) §§ 8, 9

Common questions in Georgia