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NEED HELP WITH FRIEND ASKING ME TO LEAVE. Eviction Defense

Discussion in 'Eviction, Recovery of Premises' started by nmosley, Aug 11, 2018.

  1. nmosley

    nmosley Law Topic Starter New Member

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    Jurisdiction:
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    Hello,

    A friend offered for me to stay with her until I got on my feet this all happen on July 31th 2018. She rents from a private owner, I am not on the lease. She stated she wanted me to get on my feet and get my own place so she did not put a money amount on what I needed to pay. None of this is in writing. After moving in I find out she is a rude and nasty drinker, she has asked me to get out tomorrow, knowing I have no place to go and little money. She knew all of this when she offered me a place to stay. She knows I start my new job on Monday, Aug 13th.

    I am not sure at this point if I am a guest or a tenant. I would like to know what legal protection do I have?

    She did verbal agree that I could stay until the end of the month until I get my 1st paycheck, but I really need to know what legal protection do I have at this point.

    Sidenote: She currently has an open no trespassing court date against her stemming from an altercation that happened with her roommate (that is on the lease) prior to me moving me at this same residence.
     
  2. cbg

    cbg Super Moderator

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    I know nothing of landlord tenant law but even I know that eleven days does not make you a tenant. She wants you out, you get out. You do not have any legal grounds on which to stay.
     
    hrforme likes this.
  3. mightymoose

    mightymoose Well-Known Member

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    From what you describe, most likely if she wants to remove you legally she will have to get you evicted. This is a risk people take when they allow others into their home. It does not matter that you are not on the lease and it does not matter if you have paid rent. Evictions can take a few months to achieve, and you will likely have moved by then anyway. It is possible that her landlord would have to be the one to evict you, which means she would first have to admit to her landlord that she violated the lease by allowing you to move in
    However, she may opt to do things that are not in the best interest of either if you. She may put your belongings out on the curb. She may change the locks. She may become violent and destructive.
    Her telling you to leave by tomorrow does not create any legal obligation for you to meet the deadline, nor do you have to be out by the end of the month. The writing is on the wall though. The sooner you find a new place and move the better.
    I suggest you contact your local police and give them a heads up on the matter before she calls them. There isn't much they can do at this point, but they can give you an idea of what is legal, what is not, and what your options are. Also check with local shelters about temporary availability just in case things get worse.
    If your roommate does do something unlawful to force you out then you could potentially sue her for damages. Read up about unlawful evictions in your state.
     
  4. mightymoose

    mightymoose Well-Known Member

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    I just did a quick Google search and found this for Georgia. As it states, it is only in general terms, but it is written plainly and easy to understand and associate to your situation.
    This article is a few years is and laws may have changed a bit.

    It seems the question for you is- has she accepted any amount of rent or other services in lieu of rent since you moved in? Even if you haven't paid, if there was any agreement to pay anything, even if the amount was not specified, you are likely protected as a tenant.

    Ask Attorney Mo - When Is a House Guest a Tenant and What to do if a Guest Overstays Their Welcome
     
    Last edited: Aug 11, 2018
  5. cbg

    cbg Super Moderator

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    How are you seeing an eviction being necessary? Despite my disclaimer, I did do a search before I posted. The OP is not on the lease and says there is no agreement for her to pay anything. So how does that make her a tenant?

    And even if she is, OP, do you really want an eviction on your record? Because she will get one if she applies for it. One way or the other, you're going to have to leave - it's only a question of exactly when and whether you leave with, or without, an eviction order that will make it harder for you to find something of your own.
     
  6. mightymoose

    mightymoose Well-Known Member

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    Apparently some form of compensation was expected. This creates a tenancy, even if it hasn't been paid.
     
  7. mightymoose

    mightymoose Well-Known Member

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    Surely you intend to move out as soon as possible. It just isn't likely you have to be out tomorrow, especially if the notice wasn't given to you in writing.
    If an eviction is required you will likely be gone long before the matter ever gets to court.
    You likely have time. Again, I recommend you speak with your local PD so you can have an idea if of how they might handle the situation if your roommate tries to get you removed.
     
  8. army judge

    army judge Super Moderator

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    @nmosley = If she hands, gives, mails, or serves you with a "notice to vacate" letter, it's time for you to leave.

    Realistically, it's better if you leave today.

    Barring that eventuality, if you get the "notice to vacate", leave before the time allocated in the letter.

    If you allow the 3 days, 10 days, or whatever number of days stated to expire, she can file for an eviction.

    The mere filing a formal eviction with you named as the defendant is just as ruinous as losing the eviction.

    Your name goes into a database, and you might not be able to rent decent housing for DECADES, if at all.

    Most relationships break down when money remains unpaid.

    Even if you were to pay her, most likely the relationship is irrevocably destroyed.

    Do yourself a favor, get out ASAP and make your way in the world.

    You're an adult, and no one owes you anything, not even a slice of bread.

    Good luck.
     
  9. cbg

    cbg Super Moderator

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    I'm not convinced that a tenancy has been created. But even if it has, this OP needs to get his or her head around the idea that the law is not going to force the "friend" to allow him or her to stay; at best it will provide a few days to get out.
     
  10. Highwayman

    Highwayman Well-Known Member

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    Maybe when the nasty drinker stops drinking for a few hours and sobers up she will change her mind or forget about asking the OP to leave.

    I see the OP is so worried about what to do that she had time to create a cute avatar for herself.
    :rolleyes:
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    I agree besides the "friend" may not have authority to rent as that would be Landlord/Property owner. If "friend" has no right to rent there can be no tenancy.
     
  12. mightymoose

    mightymoose Well-Known Member

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    That is not correct. If an agreement was made (pay what you can when you can) it can be sufficient to establish the tenancy.
    That the original occupant may not have authority to rent does not invalidate the agreement, but creates a new problem for the landlord as the original tenant has violated the lease.
    The landlord is likely the one who must take action to evict either of the parties.
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    Ok poorly worded. I agree but "Friend" may be also get evicted if he/she is rented space room etc without landlord permission.
     
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  14. army judge

    army judge Super Moderator

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    Your explanation is legally correct.
     
  15. txls

    txls Well-Known Member

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    Your friend offered to help you, now she has changed her mind. She is not responsible for you. Start packing.
     

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