Legal Question in Landlord & Tenant Law in Georgia

Re: Rental House Foreclosure

Generally, the sale of a piece of rented property does not affect the lease other than a change in the landlord. However, if a lender forecloses on the property, they have the immediate right to file a dispossessory action against any tenants. So, while there is no real defense to such eviction, you would have a breach of contract claim against the landlord for failing to own the property. Of course, that doesn't help you stay in the house.

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Re: Rental House Foreclosure

Your rights are found in your lease. You do not indicate that the landlord is not complying with his lease obligations. For your planning purposes, it is wise to know whether or not the house is in foreclosure, but that does not mean your lease is breached before then. If you are in Fulton COunty, as your ZIP indicates, you can get a copy of the Fulton COunty Daily Report to check foreclosure listings, or check their website. Generally, even if there is a foreclosure you will hear from the purchaser in time to move, or they may be open to you staying.