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Evicting roommate who has no lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by RNorman62, Dec 15, 2009.

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  1. RNorman62

    RNorman62 Law Topic Starter New Member

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    I own my home in Georgia. I have a roommate who has been living with me for slightly over a year. We have no written agreement, and no verbal agreement other than he would pay $500.00 per month, which includes utilities.

    In most respects, he is the ideal roommate, but recently he has been instigating trouble between my daughters and I. I think this is being instigated by my ex-wife, but it doesn't really matter.

    I have had enough, and I want him to move out. I told him last night that his rent was paid through the end of the month, and that I wanted him out by the first of January. He refused, saying he was not in a position to be out by then.

    HERE ARE MY ACTUAL QUESTIONS. First, how much notice do I have to give him? Second, what constitutes legal notice? Third, do I need an attorney to do all of this, and about what will one cost? Fourth, can I prohibit him from allowing my ex-wife (a friend of his) into the house.

    Thanks in advance for any help you can give me.

    Rob
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Your renter has a tenancy at will (i.e., they are a month to month tenant). In Georgia, a landlord is required to provide a 60 day written notice to terminate such a tenancy:

    http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/lstermrenu.html

    You do not need an attorney to do this. It is important to make certain that the notice is in writing so that it is clearly indicated when the tenancy ends. If he fails to leave, your next step would be the eviction process (which you can handle yourself or turn over to an attorney).

    No; unless the ex-wife poses an actual physical threat, there is no legal justification for not allowing his friend into the house.

    Gail
     
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  3. mightymoose

    mightymoose Moderator

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    If he won't go vluntarily you will need to evict him... you are the landlord and he is the tenant.
     
  4. RNorman62

    RNorman62 Law Topic Starter New Member

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    Gail

    Thank you for the information. I have 2 follow up questions.

    I typed up a notice of termination last Tuesday the 15th, and gave it to him (actually, I taped it to his bedroom door). He received it that night. I have talked to him since, and he says he will be out in 60 days, but he refuses to sign the notice. So if it came down to it, it would be my word against his as to whether he ever received it.

    FIRST QUESTION: Is there an approved or preferred way to document that I have terminated his tenancy and given him notice?

    In the Notice that I gave him I requested 7 days notice of the day he plans to move out. In the past, I have had other tenants take some of my property when they leave, and I want to be there to insure that this doesn't happen.

    SECOND QUESTION: Is it legal for me to ask, and is he required to give me notice of the date he will be vacating?

    Thank you again for all of your help.

    Rob
     
  5. mightymoose

    mightymoose Moderator

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    This is why you have other people serve your documents for you... an adult unrelated to the action.

    The way to document the eviction is to file the proper paperwork, have someone serve the papers, and provide the proof of service to the court.

    He will not be obligated to inform you seven days prior, and he does not have to wait for you to be present so that he can move. You have given him notice and he can leave at any time.

    You can certainly ask when he will leave... and he has told you 60 days... however that doesn't mean he will leave on that date. If you don't follow through and file papers in court then you will have nothing when 60 days passes and he is still there. You will still be at day 1.
     
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  6. RNorman62

    RNorman62 Law Topic Starter New Member

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    Thank you for your answer. Could you give me some more information on where or who to file the document with?

    Thanks, Rob
     
  7. mightymoose

    mightymoose Moderator

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    Go to your county court. Tell them you need to do an eviction and they will likely have a packet of information already prepared that you need to fill out. It will likely have detailed instructions for the eviction process... it is extremely common. They should be able to answer all your questions regarding PROCEDURE... but they won't give you any advice about what you should or should not do.
     
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  8. jharris352

    jharris352 New Member

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    I personally would send him a certified return receipt letter to his address (your residence). That is legal proof even if he refused to sign.

    He does not have to tell you when he is leaving and you do not have to be there. Lock up your valuables. If he takes anything of real value when he leaves, do a police report.
     
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