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Is she a tenant ? Eviction Process

Discussion in 'Eviction, Recovery of Premises' started by Jordan Jones, Oct 27, 2019.

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  1. Jordan Jones

    Jordan Jones Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    My name is Jordan Jones I own a home in Polk County,Georgia. I have a question pertaining to a eviction. I let a homeless pregnant friend of mine start living in my home where I also reside in a verbal agreement of 100.00 a week or for her to buy grocieres weekly. We verbally agreed this arrangement would be temporary the latest being November before her baby comes at the end of December. I ask her if she can move out October first and she said she needed until November. So I let her stay until then but since October she only has been coming on fridays and staying to sundays with her other 2 children . Now she is telling me I will have to legally evict her that she resides in my home . What can I legally do? What do I have to do legally in Georgia to get her to move out of my home?
     
  2. mightymoose

    mightymoose Moderator

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    Legally, you must obtain an eviction order. If you don't want to go through that hassle try offering her a wad of cash in exchange for her signed written acknowledgment that she willingly vacates the residence as of whatever date.
     
    justblue likes this.
  3. justblue

    justblue Well-Known Member

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    Curious...Where is she staying the rest of the week?
    She is a tenant. Per your posting she has a month to month and the rent is $400.00 per month.
    Give her a 30 notice to vacate...unless she is behind on her rent, if she is behind, give her a 3 day pay or quit.


    http://www.consumer.ga.gov/uploads/pdf/GA_Landlord_Tenant_Handbook_2017.pdf
     
    Last edited: Oct 27, 2019
  4. Jordan Jones

    Jordan Jones Law Topic Starter New Member

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    I dont even know where she stays during the week. Shes only really gave me money 2 times not even 200.00 the whole time shes been here . but she buys grocieres for herself and is trying to claim it was for my household. Can she try to fight the eviction? If she hand writes that she will move out the 11th can we hold her to it without evicting her.
     
  5. Zigner

    Zigner Well-Known Member

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    It doesn't matter if she paid the money, the fact is that you have an agreement for her to pay it.
    Of course she can.
    I'm not sure what you mean. If she doesn't abide by her own notice, then they way you "hold her to it" is to evict her?
     
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  6. Jordan Jones

    Jordan Jones Law Topic Starter New Member

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    If we get a written notice from her stating that she will move out on November 11th and she fails to do so will we have to proceed to evict her or will the written notice be enough for the police to make her leave?
     
  7. justblue

    justblue Well-Known Member

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    Yes. You will have to proceed with an eviction as outlined in the link I posted earlier. The police are not going to make her leave as this is a civil case not a criminal case.

    When you bring someone into your home and make them a tenant, as you did, you gift them with certain rights. One of those rights is to not be tossed out of their home without due process. Very easy to make a tenant and it is almost never easy to get rid of them.
     
  8. Jordan Jones

    Jordan Jones Law Topic Starter New Member

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    Thank u for your help. I have one more question. Since there is not a written lease and the verbal agreement between the parties was set on july 20th to November 11th . Can i write a notice to her stating she has until then to leave the premises or eviction process will be started . i guess what im trying to say is at this point since she doesnt stay here how do i go about giving her a written notice .
     
  9. justblue

    justblue Well-Known Member

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    Mail her proper notice (per statute) CRRR to her address. Also post the notice on her bedroom door/door to the home. If she doesn't sign for the certified mail it will be returned to you....DO NOT OPEN THAT LETTER.

    All that you need to do is listed in the link provided ...have you read it?
     
  10. mightymoose

    mightymoose Moderator

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    Begin the eviction immediately. No need to wait.
    You must give the 3 day pay or quit notice first, but that will have elapsed before you ever reach court anyway. Don't waste time.
     
  11. Zigner

    Zigner Well-Known Member

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    One should wait for the expiration of the notice before filing.
     
  12. mightymoose

    mightymoose Moderator

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    The requirement is that the notice is served, not that the time is expired.
    Filing immediately allows for a scheduled hearing as soon as possible after the notice time has elapsed. Most courts are going to schedule the hearing two months out.
     

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