Roomate Roomate not on lease

ymclean

ymclean

New Member
Jurisdiction
Georgia
So I have a roommate who has been staying with me for 4 months now. She is not on the lease nor do we have a written contract. We have a verbal contract to split all bills and rent down the middle and have been doing so until this month. About a month or so ago she decides to spend the night out and has not returned to sleep at the residence since. She has come and gone to get clothing, take shower and eat as she pleases while using her key for entry. Now the problem is she refuses to pay rent for the month of July because she feels that she hasn't slept here so she shouldn't be responsible for rent. All of her belongings are still in the home and she still has a key to enter the home.

My question is What are my rights when it comes to her belongings and allowing her to reenter my home since she has not paid rent for the month of July?
 
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!
 
ymclean said:
So I have a roommate who has been staying with me for 4 months now. She is not on the lease nor do we have a written contract. We have a verbal contract to split all bills and rent down the middle
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That makes her your subtenant.

ymclean said:
she refuses to pay rent for the month of July because she feels that she hasn't slept here so she shouldn't be responsible for rent.
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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?

ymclean said:
What are my rights when it comes to her belongings and allowing her to reenter my home since she has not paid rent for the month of July?
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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.
 
zddoodah said:
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.
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Yes this is beyond silly. I gave her the example as if she had an actual storage unit and did not pay she would not get her belongings back. When asked why she felt that made any since her response was again because she hasn't slept here. I asked her to come get her things and she informed me she was in another state and wants me to hold them until she comes back but is not sure when she would be back... lol. I'm not exactly sure what she is thinking but that's not an option for me. I foresee things becoming very ugly.
 
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
 
army judge said:
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
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Thank you and yes she now refuses to answer the phone so all communication has been through text and social media that I have already saved, So I am being sure to keep all messages as proof.
 
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
 
I have already started the eviction process with the local court. I have attempted to contact this young lady 3 times since the 10th of July and here we are today the 17th and she still has not come back for her things and now refuses to answer my calls. At this point I don't even know how to serve her the notice because I don't know where to find her. I even visited her job just to find out she quit.
 
ymclean said:
I have already started the eviction process with the local court. I have attempted to contact this young lady 3 times since the 10th of July and here we are today the 17th and she still has not come back for her things and now refuses to answer my calls. At this point I don't even know how to serve her the notice because I don't know where to find her. I even visited her job just to find out she quit.
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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:
,,,
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Evictions in Georgia–The Basics
 

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