eviction law for tenancy at will

[mcelyea97]

OK I have a situation where my uncle rents from someone but I pay him my rent. Recently we started having problems and he gave me a thirty day verbalnotice. From what I read he has to give me a 60 day written eviction notice. But it says that I can remain on the property for that 60 days.

My question is when it says "property" does that mean the actual property or the place of residence as well. My uncle says I'll be sleeping outside so as to meet the "property" requirements. Can he do that? And if the police were called who would be in the right?

 

[Betty3]

You might want to read this link re eviction process Ga.

http://answers.yahoo.com/question/index?qid=20110512152015AAj7phT

 

[mcelyea97]

Thank you Betty I have one more question. The article specifically talks about tenants with a lease I don't have one hence the tenancy at will, does this apply to me as well seeing as how I don't have a lease?

 

[army judge]

Thank you Betty I have one more question. The article specifically talks about tenants with a lease I don't have one hence the tenancy at will, does this apply to me as well seeing as how I don't have a lease?

A tenancy at will is a constructive tenancy and your lease is what the statute says.

 

[mcelyea97]

OK I'm sorry just for clarification he cannot legally stop me from entering the premises or change the locks even if I have no written lease correct? Also what if the police were called and I don't have proof that I have paid rent? Can they make me leave?

 

[Betty3]

Why do you not have any proof you paid the rent? Did you pay with cash & not receive a receipt?

 

[army judge]

OK I'm sorry just for clarification he cannot legally stop me from entering the premises or change the locks even if I have no written lease correct? Also what if the police were called and I don't have proof that I have paid rent? Can they make me leave?

We provide you with minimal information about the law.
Do not rely on the information given to you here to make decisions that could have negative ramifications in your life.
If you are in doubt about ANYTHING, don't do it, or seek the advice of an attorney you hire.
If you use any advice here to keep the police (or any other entity) from taking action against you, it might backfire.

 

[mcelyea97]

Yes. I unrealistically believed that because he is my uncle that I would not have to worry about it. His rent is $500 a month of which I pay $200. And his most recent words were that if it came down to it he would say that I haven't paid him anything. That's why I'm asking. Does he still have to go through the process? And again I stress this question when it says that I have 60 days from the day of service...can he legally change the locks and prevent me from entering the premises? Before I am given the eviction notice?

 

[army judge]

Yes. I unrealistically believed that because he is my uncle that I would not have to worry about it. His rent is $500 a month of which I pay $200. And his most recent words were that if it came down to it he would say that I haven't paid him anything. That's why I'm asking. Does he still have to go through the process? And again I stress this question when it says that I have 60 days from the day of service...can he legally change the locks and prevent me from entering the premises? Before I am given the eviction notice?

If he wants you out, he has to EVICT you.

If he serves you with a notice to quit, that isn't an eviction.

He can't the locks, whether you paid or not.

You have rights, whether you paid him or not.

Bottom line, he needs to evict you, if he wants you out.

He can't just say you must leave by July 1st.

He can say it, its meaningless.

He must evict you, and he must do it step by step, if not, he fails.

Also, ONLY a judge can order you to be evicted.

Google eviction process (YOUR COUNTY GA).

In the meantime, this is a basic outline of eviction and tenant's rights.

Yes, you have rights, and if he steps on your rights, it'll cost him.

No, he can't lock you out LEGALLY, nor can he change the locks, LEGALLY.

I suggest you become acquainted with the eviction process in Georgia.

http://www.georgialegalaid.org/file...FBA-DDA1-450BC55CF5EE/26491Tenants rights.pdf

http://www.dca.state.ga.us/housing/housingdevelopment/programs/

http://www.dca.state.ga.us/housing/...ownloads/Georgia_Landlord_Tenant_Handbook.pdf

http://www.gainesvillegalawyer.com/landlord-tenant-and-eviction-issues-in-georgia/

Eviction: In order to properly evict someone, the landlord must send a letter advising the tenant that the landlord demands possession of the property along with other fact specific notifications. Georgia eviction law states that a Notice of Termination is notice that the tenant has breached the lease. A Notice to Quit is a notice demanding possession. Any notice should be sent in a form such as certified mail with return receipt requested.

The next step in the eviction process, according to the eviction law in Georgia, is to apply for a Dispossessory Warrant, which is commonly shortened to Dispossessory or Dispo. The Dispossessory is basically a lawsuit asking for the judge to award the property back to the possession of the landlord, plus past due rent, if applicable. The period to answer is usually 7 days, which is far shorter than the 30 days for most court filings. Importantly, the landlord has two options for service upon the tenant, the first is personal service, which is when the Dispo is handed to the tenant. The second is tack and mail, which is literally nailing the Dispo notice to the rental property and sending a copy via mail. The main legal difference is that under tack and mail the landlord can attempt to get possession of the property, but would likely be prevented from recovery of back rent in a default judgment situation due to lack of personal service upon the tenant.

Eviction law in Georgia states that if the landlord wins either in court or as a result of the tenant not responding, then a Writ of Possession is issued to the landlord and the landlord should get the Sheriff's Department to execute the Writ by going to the property.

A common mistake landlords make is to begin the eviction process and not follow through due to either promises of the tenant to leave, or assumed abandonment. In keeping with the Georgia eviction law, not obtaining a Writ of Possession or not having it executed are a sure fire ways to eventually be sued for Wrongful Eviction and claims of valuable being taken when the landlord cleared out the tenant's personal items.

 

[Unregistered]

Does your Uncle even have permission from HIS landlord to allow you to live there with him?

Gail

 

[Gail_in_Georgia]

Terminating (NOT EVICTING) a tenancy at will in Georgia requires a 60 day written notice.

If someone wishes to EVICT a tenant in Georgia they must have a valid reason for doing so. The most common one is failure to pay rent. This is not the issue here. Other options is a breach in the lease...which you folks don't have. Thus, the idea that your Uncle can evict you for some other reason than failure to pay rent is blowing smoke up a certain orifice.

Gail