Roomate not on lease Roomate

You need to begin an eviction against her. Visit your local court clerk's office or go online and you will find detailed information about the eviction process. You may see it referred to as unlawful detainer.

It does not matter that you do not have a written lease. You still need to evict her.

You are still responsible for the rent in full. Don't count on ever seeing a dime from this ex friend. Focus on getting her out legally. If you do it wrong you could be liable for civil damages and she could end up suiing you!

 

That makes her your subtenant.

As I'm sure you'll agree, that's beyond silly. At the very least, she is using the place as a storage unit. When you asked why she thinks she can do that -- and come and go as she pleases for purposes of showering and eating -- without paying anything, what did she say? Have you asked her to get her stuff out and return the key if she's not going to pay? If so, what was the response. If not, why not?

Attempting to create a list of rights would serve no useful purpose. Since she clearly has not abandoned or surrendered possession of the premises, your recourse is to seek to evict her.

 

You have two issues.
If I were you, I'd address them BOTH simultaneously.

You need to start a formal eviction, otherwise if she were to return and assert a right to live in the unit, things could get worse.

You do have documentation that she states she has slithered away to another UNKNOWN state.

You can bring your action for eviction based upon non-payment of rent and abandonment of the unit.

That leaves the other issue, you also wrote about, abandoned personal property.

There is great information on this link that addresses how you handle the abandoned property LEGALLY.

If you don't color by the numbers, you might end up getting sued and owing the deadbeat.

Handling a Tenant's Abandoned Property in Georgia

This link describes eviction (or as you call them in GA, "dispossessory actions") in Gwinnett County, GA:

Gwinnett County - Magistrate Court - Case Categories - Dispossessory Action - F.A.Q.s

https://www.gwinnettcounty.com/static/departments/planning/pdf/Georgia_Landlord_Tenant_Handbook.pdf

GeorgiaLegalAid.org | A guide to free and low-cost legal aid, assistance and services in Georgia

 

She knows her excuse doesn't make sense, she just doesn't want to pay. Now she wants to further abuse you with free storage. Ugh

 

Then your options are to commence the eviction process or continue to allow yourself to be strung along. I suggest you consult with a local attorney who handles such matters.

 

So now you really know why she doesn't want to pay.

 

In GA, you are allowed to "tack and post".

You can also pay the sheriff to take care of service.

That can cost a few extra dollars, but well worth it.

Read on:

The sheriff, his deputy, or any lawful constable of the county will serve the tenant with
the affidavit.

The sheriff must attempt to personally serve the defendant by delivery to any competent adult person residing on the premises not just visiting.

You live there, too.

You are a competent adult.

If no one is found residing on the premises, the sheriff can serve the tenant by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, mailing a copy of the summons and the affidavit to the defendant at his last known address.

This is known as "tack and mail" service.

Importance of Tack and Mail Service: A dispossessory warrant taken due to nonpayment will usually request possession and a judgment for the amount of rent owed.

WHEN the dispossessory warrant is served by "tack and mail" service, a copy being placed on the door and a second copy sent by mail, the court cannot issue a money judgment.

However, if the tenant served by tack and mail files an answer, the court can award a money judgment.

Don't waste time trying to get milk from a bull.

Do use your time to evict the bull!

This GA licensed attorney has much more to say:
,,,
...
Evictions in Georgia–The Basics

 

Service via the Sheriff is usually fairly inexpensive, and it makes things easier for you.

 

Let's just be honest, deputies, marshals, and constables get the job, right.

If it can be done, those folks get it done.