Eviction Process Am I considered a tenant or a border/lodger under Georgia law?

[Shannon Sanders]

Jurisdiction

Georgia

My roommate (there's four of us, counting her) has requested that I move out despite it being in the middle of the holidays, I'm also disabled and have never been late on my rent. However, one of our other roommate's constantly has excuses on being late with his share and also can't keep a job. Due to her Brother's family falling on hard times, they have also been staying with us and can never afford to leave by their deadline. Her reason, so she says, is because she wants her Nephews to have their own room. The living room area was turned into their bedroom about a year and half ago. She's aware of my disabilities, that I receive far less a month than anyone earns in this home and I can't move without financial help. She did give me an oral eviction a few days ago. I have no problem with moving out, but the government employee that I spoke with says that assistance will highly be unlikely within 30 days. I was also made aware that because we have no type of lease, I'm considered a month to month tenant under Georgia law and must be given 60 days to relocate. After attempting to talk with my roommate about this, she got very hateful and said that I'm only considered a border, so I may have even less than initially given. My question is this, what exactly does the state of Georgia determine to be the difference between a month to month tenant vs a border/lodger? I have researched myself crazy trying to find this answer and what my true rights are! Thank you

 

[adjusterjack]

I've deleted your other post because this one more adequately describes the who's who and what's what.

Please answer a couple of questions.

How long have you and each of your roommates been living there?

Is any one of you the owner of the house?

If not, then what is the agreement between the four of you and the owner of the house?

Does one of you collect everybody's rent and then pay the owner of the house or do you each pay your share to the owner separately?

Do you pay rent by the month?

I'm almost sure that you are a month to month tenant at will and that "her" oral notice is not valid but I'll know more when you answer all the questions.

Meantime, if you like, you can study up on the GA landlord tenant laws:

2015 Georgia Code :: Title 44 - PROPERTY :: Chapter 7 - LANDLORD AND TENANT

Here's a handbook:

http://www.dca.ga.gov/housing/Housi...ownloads/Georgia_Landlord_Tenant_Handbook.pdf

Please keep ALL of your discussion in this thread. If you lose track of it just click on your user name and then on "postings" and you'll find it.

 

[army judge]

My roommate (there's four of us, counting her) has requested that I move out


The living room area was turned into their bedroom about a year and half ago. She's aware of my disabilities, that I receive far less a month than anyone earns in this home and I can't move without financial help.

Yes, she can request, and you are FREE to ignore her request.

In fact, the smartest thing to do is simply remain silent and just don't respond.

Even smarter, stay away from her.

She did give me an oral eviction a few days ago.

She ans you are equal tenants, boss man.
ONLY your landlord can go to court and seek an eviction order.

Read on, boss:
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In most situations your landlord does not need to give you a reason, although acting on a discriminatory motive is illegal. A landlord can simply give you a written notice to move, allowing you 60 days as required by Georgia law and specifying the date on which your tenancy will end.

Your landlord may legally provide less notice if you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).
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More reading bossman:
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Check Georgia state law (Ga. Code Ann. §§ 44-7-6 and 44-7-7) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice.
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GA law on tenancy:
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https://www.utilitysmart.com/regula...rgia/State of Georgia Landlord Tenant Law.pdf
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Tenancy at will, that would you, bosswoman:
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2010 Georgia Code :: TITLE 44 - PROPERTY :: CHAPTER 7 - LANDLORD AND TENANT :: ARTICLE 1 - IN GENERAL :: § 44-7-7 - Tenancy at will -- Notice required for termination
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Legal relationship in GA between LL and tenant:
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https://www.grec.state.ga.us/infobase/table of contents pdf/Chapter 29.pdf

My question is this, what exactly does the state of Georgia determine to be the difference between a month to month tenant vs a border/lodger?

GA law on month to month tenancies, you don't really need to worry about any other type of tenancy, as it won't apply to your situation. STAY FOCUSED, narrowly FOCUSED as to your legal issue ONLY!
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Landlord-Tenant Law in Georgia: 44-7-6 Tenancy at Will & 44-7-13 Landlord's Duty to Repair
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Georgia Notice Requirements to Terminate a Month-to-Month Tenancy | Nolo.com
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https://www.athensclarkecounty.com/DocumentCenter/Home/View/1170
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Month-to-Month Tenancy in Georgia - Lawyers.com Community
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[army judge]

What does the state of Georgia consider to be a border/lodger?

Sorry, Shannon, I will address GA law on being a boarder.

Your legal rights depend on whether you are a tenant, guest or boarder. A tenant is one who pays rent for the exclusive right to use the premises, usually for a defined period. A boarder or guest is one who pays a fee for the right to use a room and receive services, generally for a short period of time.

To determine if you are a tenant or boarder the court will look at:

Your rights as to whether you are a tenant, guest or boarder follow:

A tenant pays rent for the exclusive right to use the premises, usually for a defined period.

A boarder pays periodically (usually daily or weekly, not exclusive of monthly) for the right to use a room and receive some extra services, generally for a short period of time.

How does the court determine if you are a tenant or boarder???

The judge examines the following:

• Is there a written agreement/lease;
• Does that document call itself a lease & discuss payments as rent;
• How long have lived at the residence;
• Is your room the only place you reside;
• Are you residing at the home temporarily;
• With what frequency & regularity do you pay rent – daily, weekly, or monthly;
• Are certain services provided: laundry, telephone, food, and cleaning;
• Do you own the furnishings in the room;
• Does the money you pay include state sales tax;
• Does the person you pay possess a business license.

If you are not a tenant but are a guest or boarder, you have limited protection under the law.

If a hotel owner or boarding house owner wants a person to vacate the notice must be equal to the time for which the occupancy has been paid.

Here's an example: if you pay someone weekly, one week's notice to vacate is required.

If payment is past due notice isn't required.

 

[Paul Floyd]

Is this service free I am facing a similar problem I rent well it's me my mom who is disabled my wife we moved in we had another couple in the room down the hall he made them leave now he told me that room was ours to put stuff in my mom can continue to stay in the living room now he's moved his gf in with a kid and got her pregnant now he's telling me I have till April to move out I pay rent first of every month have been since November I moved in in July in lieu of rent I was supplying food for the household it switched to cash rent in November I'm almost certain I fall under tenancy at will requiring him to give me 60 days to vacate he's saying that's not true now trying to force me to sign a contract agreeing to move out by April 1st or yes going to have us evicted i need help he is also trying to force me into helping repair damage to his house done prior to me moving in

 

[adjusterjack]

he made them leave now he told me

Who is "he"?

The owner of the house?

now he's telling me I have till April to move out I pay rent first of every month have been since November I moved in in July in lieu of rent I was supplying food for the household it switched to cash rent in November I'm almost certain I fall under tenancy at will requiring him to give me 60 days to vacate

I'm assuming you are also in GA since you are piggy-backing a GA post.

Then, yes, you are correct.

Here is the termination statute. Show it to him. The statute does not appear to require the notice to be in writing but it would be a good idea to get it in writing, though you cannot compel him to do so.

now trying to force me to sign a contract agreeing to move out by April 1st or yes going to have us evicted i need help he is also trying to force me into helping repair damage to his house done prior to me moving in

2022 Georgia Code :: Title 44 - Property :: Chapter 7 - Landlord and Tenant :: Article 1 - In General :: § 44-7-7. Tenancy at Will — Notice Required for Termination

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

Here's how a tenancy at will is created.

2022 Georgia Code :: Title 44 - Property :: Chapter 7 - Landlord and Tenant :: Article 1 - In General :: § 44-7-6. Tenancy at Will — Creation When No Time Period Specified

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

now trying to force me to sign a contract agreeing to move out by April 1st or yes going to have us evicted i need help he is also trying to force me into helping repair damage to his house done prior to me moving in

Nobody can "force" you to do anything without putting a gun to your head. You are free to say no.

 

[army judge]

To determine if you are a tenant or boarder the court will look at:


Your rights as to whether you are a tenant, guest or boarder follow:

A tenant pays rent for the exclusive right to use the premises, usually for a defined period.

A boarder pays periodically (usually daily or weekly, not exclusive of monthly) for the right to use a room and receive some extra services, generally for a short period of time.

How does the court determine if you are a tenant or boarder???

The judge examines the following:

• Is there a written agreement/lease;
• Does that document call itself a lease & discuss payments as rent;
• How long have lived at the residence;
• Is your room the only place you reside;
• Are you residing at the home temporarily;
• With what frequency & regularity do you pay rent – daily, weekly, or monthly;
• Are certain services provided: laundry, telephone, food, and cleaning;
• Do you own the furnishings in the room;
• Does the money you pay include state sales tax;
• Does the person you pay possess a business license.

If you are not a tenant but are a guest or boarder, you have limited protection under the Georgia laws.

Going forward, avoid being a guest or boarder.

Try to become a renter with a written lease.

Make sure you UNDERSTAND everything in the lease BEFORE signing it and paying rent and/or the deposit!