Georgia Subletting, Lease Endings & Tenant Death
Georgia rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. O.C.G.A. § 44-7-1(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 14
The rules in Georgia
| Subletting | A Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. Georgia's official handbook says the lease determines whether a tenant may sublet, and that subletting often requires the landlord's permission. The original tenant stays responsible to the landlord for rent and for damage caused by the subtenant. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of March 28, 2024. The handbook adds that a landlord who merely accepts rent from a subtenant does not release the original tenant. |
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| When the lease ends | At the end of a lease, it renews, extends or ends as the lease says; a lease can contain automatic extension language that renews it unless the tenant gives notice of leaving. If the lease expires and the landlord keeps accepting monthly rent without a new lease, a tenancy at will is created on the old lease terms. A tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. A tenant who stays past the end of the term can be removed through a court dispossessory proceeding. Statutes Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of March 28, 2024. Statute copies: https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-7-7/ and https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-7-50/. No Georgia statute setting a holdover rent penalty was verified. |
Georgia vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Georgia | A Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. Georgia's official handbook says the lease determines whether a tenant may sublet, and that subletting often requires the landlord's permission. The original tenant stays responsible to the landlord for rent and for damage caused by the subtenant. O.C.G.A. § 44-7-1(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 14 | At the end of a lease, it renews, extends or ends as the lease says; a lease can contain automatic extension language that renews it unless the tenant gives notice of leaving. If the lease expires and the landlord keeps accepting monthly rent without a new lease, a tenancy at will is created on the old lease terms. A tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. A tenant who stays past the end of the term can be removed through a court dispossessory proceeding. O.C.G.A. §§ 44-7-6, 44-7-7, 44-7-50(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 14-15 | Not verified yet |
| Alabama | Alabama's Uniform Residential Landlord and Tenant Act has no section setting a rule on whether a tenant may sublet or assign the lease or on landlord consent. Ala. Code tit. 35, ch. 9A (reviewed) | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, and if the holdover is willful and not in good faith the landlord may also recover the greater of up to three months' periodic rent or actual damages, plus reasonable attorney's fees. If the landlord agrees to the tenant staying, the tenancy becomes week-to-week (weekly rent) or month-to-month (all other cases). A month-to-month tenancy ends with at least 30 days' written notice before the rental date named in the notice; week-to-week needs 7 days. The act has no section on automatic-renewal clauses. Ala. Code §§ 35-9A-441, 35-9A-161(d) | Alabama's Uniform Residential Landlord and Tenant Act has no section on what happens to a lease, the deposit, or belongings when a tenant dies. Ala. Code tit. 35, ch. 9A (reviewed) |
| Florida | Florida has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Fla. Stat. ch. 83, part II (reviewed) | A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to tell the tenant within that period if the lease will not be renewed; the notice period may be no less than 30 and no more than 60 days. Liquidated damages for a tenant's missing notice require the landlord to send written notice of the obligation within 15 days before the notice period starts. A tenant who stays with the landlord's permission and does not give the required notice owes 1 extra month's rent. A tenant who stays without permission (holdover) can be evicted, and the landlord can recover double rent for the holdover period. Fla. Stat. §§ 83.575, 83.58 | Florida's landlord-tenant law does not end a lease automatically when a tenant dies. A landlord may recover possession without an eviction when the last remaining tenant has died, personal property remains, rent is unpaid, at least 60 days have passed since the death, and the landlord has not been told in writing of a probate estate or the name and address of a personal representative. After that, the landlord may remove the deceased tenant's belongings; if the lease contains the required printed legend, the landlord is not responsible for storing or disposing of them. Fla. Stat. §§ 83.59(3)(d), 83.67(5) |
| North Carolina | North Carolina's landlord-tenant chapter (Chapter 42) has no provision on a residential tenant's right to sublet or assign a lease. N.C. Gen. Stat. Chapter 42 (reviewed) | A tenant who stays after the lease term has expired, without the landlord's permission and after the landlord demands possession, may be removed through a summary ejectment case. Holding over after a fixed-term lease with no renewal option is also a ground on which a landlord may win even if the tenant claims retaliation. N.C. Gen. Stat. §§ 42-26(a)(1), 42-37.1(c)(2) | When a tenant who was the sole occupant dies leaving belongings in the unit, the landlord may, instead of filing a summary ejectment case, file an affidavit under G.S. 28A-25-7 to remove the personal property. The fact that a prior occupant died in the property is not a material fact a landlord must disclose when renting, although a landlord may not knowingly lie about it. N.C. Gen. Stat. §§ 42-36.3, 42-14.2 |
| South Carolina | South Carolina has no state law in its Residential Landlord and Tenant Act that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard. S.C. Code Title 27, Ch. 40 (reviewed) | If a tenant stays after the lease term ends without the landlord's consent, the landlord may sue for possession; if the holdover is willful, the landlord may also recover the greater of up to three months' periodic rent or twice actual damages, plus reasonable attorney's fees. If the landlord consents to the tenant staying, the tenancy has no fixed term and is week to week for a roomer paying weekly and month to month otherwise. Periodic tenancies end with written notice of at least 7 days (week to week) or 30 days (month to month). The Act has no rule on automatic renewal clauses. S.C. Code §§ 27-40-770, 27-40-310(d) | South Carolina has no state law in its Residential Landlord and Tenant Act that addresses what happens to a lease, the deposit or belongings when a tenant dies. The Act's abandonment rule treats a tenant's unexplained absence for 15 days after a rent default as abandonment. S.C. Code Title 27, Ch. 40 (reviewed); § 27-40-730 |
| Tennessee | Not verified yet | A tenant who stays after the lease ends without the landlord's consent is a holdover: the landlord may sue for possession, back rent, reasonable attorney's fees and other damages the lease provides, plus actual damages and attorney's fees if the holdover is willful and not in good faith. A month-to-month tenancy can be ended by either side with written notice at least 30 days before the rent date named in the notice; a week-to-week tenancy with at least 10 days' written notice. The section sets no holdover rent multiple and does not address automatic-renewal clauses. Tenn. Code Ann. § 66-28-512 | Not verified yet |
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Georgia Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Georgia?
A Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. Georgia's official handbook says the lease determines whether a tenant may sublet, and that subletting often requires the landlord's permission. The original tenant stays responsible to the landlord for rent and for damage caused by the subtenant. (O.C.G.A. § 44-7-1(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 14)
What happens when my lease ends in Georgia?
At the end of a lease, it renews, extends or ends as the lease says; a lease can contain automatic extension language that renews it unless the tenant gives notice of leaving. If the lease expires and the landlord keeps accepting monthly rent without a new lease, a tenancy at will is created on the old lease terms. A tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. A tenant who stays past the end of the term can be removed through a court dispossessory proceeding. (O.C.G.A. §§ 44-7-6, 44-7-7, 44-7-50(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 14-15)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.