Eviction Process Eviction of Former Boyfriend

[sjenkin6]

My former boyfriend and I moved into a rental approx 2 years ago. I am the only one on the lease and he is not listed as an occupant. He has not been sufficiently contributing to the household therefore I asked him to move out. He refused, so I contacted the Magistrate Court in my county and was advised that I need to give 60 days notice. I was also told that sending the letter certified is not necessary. I sent one letter to our address, one to his mothers house and also handdelivered a copy. For the mailed letters I obtained mailed receipts. His 60 days will be up tomorrow. There are some things I'm worried about:
1. He has already advised me that he will deny ever having received a demand letter.
2. How long after the 60 days are up do I have to file dispossession with the courts. I recently started a new job and might have to wait to get the necessary time off until a week or two later.
3. I am worried that he will not only remove his property, but also my valuables when he finally leaves. How can I protect myself?
4. Instead of evicting him, what happens if I move into another unit instead? Would his tenancy "transfer" to my new place?

 

[army judge]

Moving into another unit, not giving him a key is the quickest, simplest, easiest solution.

If you do the SMART thing, he'll have no RIGHTS to your new unit!!!

After you're gone, safely ensconced in the new unit, the apartment management will have to deal with the deadbeat.

If you can negotiate such a deal, do it quickly.
If he interferes, IMMEDIATELY call "911" and ask the police to respond.

If you still desire to pursue an eviction, simply pay a deputy to serve him, but option 4 ( you listed above) is still the best choice!

 

[sjenkin6]

Thanks!!! I've already talked to Management about switching units and it wouldn't be a problem since I would have to renew my lease for another 18 months (not a problem, I like the place). I just wanted to make sure that he's not "transferring" with me if I chose to move. I'm pretty sure that he won't give the landlord any issues since the only reason he doesn't want to leave is because he's staying at my place for practically free (the $200 he contributes a month don't even cover the food he eats). If I get another unit in the same apartment complex, I can move my belongings when he's not there. Kind of drastic, but hey!

 

[sjenkin6]

...two more question, Army Judge: of course giving him a key would be an un-smart thing, but are there any other un-smart thing to watch out for? Also, if I do decide to proceed witht the Dispossessory Affidavit, how much time, after his 60 days are reached, do I have to file before I have to start the entire process over? I did try to call the Magistrate Court today, but they were closed due to MLK day.

 

[Gail_in_Georgia]

If his 60 days are up, you can file for the dispossessory affidavit tomorrow when the Clerk of Court office is open. You would be filing on him as a "holdover" tenant; in other words, you have provided him the adequate notice (60 days) required by Georgia statutes to terminate a "tenancy at will" and he remains in the rental unit; thus, you are filing for a dispossessory based on his failure to vacate the rental unit after this deadline.

Don't wait weeks to do this if you wish him out as he could argue that by allowing him to continue to live there you have changed your mind regarding this matter. While there are no specific number of days before you have to start the entire process over again, a judge might question why you waited a significant amount of time to file IF said ex-boyfriend brings this matter up at the hearing.

Gail

 

[army judge]

It would be far, far easier for you to move, OP.

If you filed tomorrow, the entire process can take anywhere from six, to eight, to ten, or more weeks!

Its just hard to say, OP.

I can say, it'll take MORE than one month.

Besides, you move into a clean unit, free of his stench and there'll be no more drama.

You mentioned $200 a month, if you've been doing that, OOPS, there goes your eviction anyway, because you'll have to serve him with another letter to vacate.

Let's just STOP discussing that, huh?

The way ahead is clear, easy, and quick.

If you SOLVE any issue without going to court, DO IT.

If you're smart, say NOTHING about it, just pretend you didn't see it; but getting that NEW UNIT in your name is the quickest, easiest, cheapest way to EXTERMINATE this weasel.

Yes, move when the DEVIL isn't there, maybe take a day off work.

And, whatever you do, NEVER, EVER allow ANYONE to stay overnight, unless you're married.

You didn't ask, but I'll offer this: after this experience be very careful about even thinking about marrying anyone unless you know them very, very well!

 

[sjenkin6]

You mentioned $200 a month, if you've been doing that, OOPS, there goes your eviction anyway, because you'll have to serve him with another letter to vacate.

since I am not evicting him for nonpayment but rather because technically he is a tenant-at-will, would taking any payments void the 60 days I have to give him?

 

[army judge]

since I am not evicting him for nonpayment but rather because technically he is a tenant-at-will, would taking any payments void the 60 days I have to give him?

If you took ANY payments AFTER you sent the letter, YES, even if you took one dollar; it STOPS the daily clock and voids the letter.
Simply put, IF you did that, you are required to start from square one.
This is a matter of fact that must be proven at trial, but that wouldn't be hard, and I'm sure he's smart enough to assert it in his defense.

That's why IF I were YOU, I'd take the easier, simpler, cheaper, quicker route and move to the other unit.

You are FREE to do that tomorrow.

If you pursue eviction, you won't be heard any quicker than 4 to 6 weeks.

However, if you took ANY MONEY, you have to seve a new 60 day letter to vacate before you can even file for an eviction hearing.

Be smart, cut your losses, forget the eviction and take the PATH OF LEAST RESISTANCE.

Then NOTHING matters except when you and your landlord sign a new lease.

 

[Gail_in_Georgia]

For what it's worth....the last time I did a dispossessory it took 2 months to go the entire route and that involved a tenant who did not dispute the filing. This was in Richmond county Georgia. It's worse if you're up in the Atlanta or Savannah area.

Take army judge's advice. Sign the new lease instead.

Gail

 

[sjenkin6]

For what it's worth....the last time I did a dispossessory it took 2 months to go the entire route and that involved a tenant who did not dispute the filing. This was in Richmond county Georgia. It's worse if you're up in the Atlanta or Savannah area.

Take army judge's advice. Sign the new lease instead.

Gail

Sounds like transferring into a new unit is the way to go! I'm in Columbia County. According to the magistrate court the process should take approx. 10 days after I file the affidavit, assuming that he won't file an answer.

I used to work for an apartment management company and was under the assumption that when evicting an at-will tenant (expired or no lease) taking money is not a problem? My main concern is that if he has an additional 10 days, he might seize the opportunity and remove some of my possessions. He moved in with nothing but his clothes and didn't purchase anything during the two years he's stayed with me. He barely contributed to the basics. I'll be darned if he's gonna walk out with my stuff.

Gail, the two months you qouted included the 60-day notice?

 

[army judge]

Sounds like transferring into a new unit is the way to go! I'm in Columbia County. According to the magistrate court the process should take approx. 10 days after I file the affidavit, assuming that he won't file an answer.

I used to work for an apartment management company and was under the assumption that when evicting an at-will tenant (expired or no lease) taking money is not a problem? My main concern is that if he has an additional 10 days, he might seize the opportunity and remove some of my possessions. He moved in with nothing but his clothes and didn't purchase anything during the two years he's stayed with me. He barely contributed to the basics. I'll be darned if he's gonna walk out with my stuff.

Gail, the two months you qouted included the 60-day notice?

Sign the new lease, get out quickly. He's never going to be what you want him to be. Why prolong the agony? We've told you how to get rid of him quickly. No eviction takes 10 days. No eviction anywhere in the USA, and certainly NOT GA.

 

[Gail_in_Georgia]

No; the two months did not include a 60 day notice. My dispossessory process involved nonpaying tenants. It used to be quicker but it took the Marshall's office 3+ weeks to serve them via Tack and Mail, then the 7 days they had to respond (which they didn't), then almost another month before the eviction date (again, overseen by the Marshall's) was set up.

Columbia county is likely handling fewer of these cases than Richmond county so the process may go faster but you are still at the mercy of the court system and how under or over-burdened they are. However, it will take longer than 10 days to go through this.

Gail