removing a house guest

[mmhltd]

Jurisdiction

Georgia

I have a house in Georgia and allowed someone to stay in temporarily to "get on their feet". There is no lease or agreement for payment of rent. There is 1 person in there and no rent was ever charged, agreed upon or discussed. I told them they could there until I was putting the house on the market for sale, at the first of the year, at which time they knew they would be asked to leave. I sent them a certified letter giving them a 30 day notice and now they are refusing to leave. How can I get them out?

 

[adjusterjack]

File for eviction in court.

Your county court website should have forms and instructions.

 

[mmhltd]

Thanks, I have done so. The forms refer to nonpayment of rent. There is no lease or rent in this situation. I will call court for instructions on how to fill out. The clerk at first indicated I cannot evict since there was no lease agreement. Not sure I agree, I don't think I should be expected to provide free housing for someone? The person in the house says they will fight and declare "hardship" since they have no where to go. They do have relatives they could move in with, but don't want to. Again, how can I be expected to provide room and board free of charge for someone? They're not family and have no legal right to stay in house. They were a temporary guest!

 

[Betty3]

Evicting roommate who has no lease

You might want to read this link.

 

[mmhltd]

Evicting roommate who has no lease

You might want to read this link.

Is it still considered "at will" when there has been no rent or any money exchanged for them staying in the house? I understand the tenant at will, but this person was a guest, no lease, no rent....I am asking them to leave, but they won't. They have not paid for anything...No rent, no utilities, no insurance, no property tax, etc.

 

[adjusterjack]

Whether you call this person a guest or a tenant is immaterial. You have to use the eviction process for a guest just like you would for a tenant, for your own protection.

Never take legal advice from a court clerk. For one thing, they aren't supposed to give legal advice and, for another, they are clueless.

Let's start with a basic premise addressed by GA statutes:

O.C.G.A. 44-7-1. Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years
(a) The relationship of landlord and tenant is created when the owner of real estate grants to another person, who accepts such grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor.

That section says nothing about rent.

Now check out the eviction information from the Fulton County Marshal's website:

Evictions

Click on the link to the fact sheet and you'll get an idea of the process.

Then go to your own county or city magistrate court website and look for comparable information, forms and instructions.

Meantime, study the full statute on Dispossessory Proceedings:

2010 Georgia Code :: TITLE 44 - PROPERTY :: CHAPTER 7 - LANDLORD AND TENANT :: ARTICLE 3 - DISPOSSESSORY PROCEEDINGS :: § 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice