Georgia Lease Expirations & Tenancies-at-Will: What Every Real Estate Agent Needs to Know

As Georgia real estate professionals, we are often asked what happens after a lease expires — especially when no renewal has been signed and the tenant remains in possession. Understanding how Georgia law treats these situations is critical for protecting your landlord clients and advising tenants correctly.
Here’s a clear breakdown of how it works under O.C.G.A. § 44-7-7.

What Happens When a Lease Expires?
If a written lease expires and is not renewed or extended, the landlord has the right to retake possession of the property.
If the tenant refuses to vacate after the lease expires, the landlord may:

• Require the tenant to sign a new lease with new terms, or
• Require the tenant to vacate the property

However, if:

• No new lease is signed, and
• The landlord continues to accept rent on a monthly basis

A tenancy-at-will is created by operation of law.

What Is a Tenancy-at-Will?
A tenancy-at-will arises when a tenant remains in possession with the landlord’s consent, but without a current fixed-term lease. It is also considered a month-to-month lease.
Key point:
The tenancy-at-will generally operates under the terms of the original lease, except that it is no longer for a fixed term.
This is where many landlords (and even agents) get tripped up.

Notice Requirements Under Georgia Law
Under O.C.G.A. § 44-7-7, once a tenancy-at-will is created:

• Landlord must give 60 days’ written notice to terminate the tenancy.
• Tenant must give 30 days’ written notice to terminate the tenancy.

These notice requirements apply when:

• No lease term is specified, or
• The lease expired and the parties continued month-to-month.

Changing Rent During a Tenancy-at-Will
If a landlord wishes to:

• Increase the rent, or
• Change other material terms

The landlord must give the tenant 60 days’ notice before the new terms take effect.
That 60-day notice essentially begins a new tenancy-at-will under the new terms.

Practical Guidance for Agents
Here’s what you should be advising your clients:
For Landlords:

• Do not assume you can give 30 days’ notice just because rent is paid monthly.
• If you accept rent after lease expiration, you likely created a tenancy-at-will.
• You must provide 60 days’ written notice to terminate or modify rent.

For Tenants:

• You are required to give 30 days’ written notice to vacate.
• If you stay past lease expiration and rent is accepted, you are no longer under a fixed-term lease.

In summary, when a lease expires and rent continues to be accepted, a tenancy-at-will is often created. Before advising your clients, make sure you understand Georgia’s notice requirements to avoid costly mistakes and protect all parties involved.