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Freeloading Friend

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brenda035

Junior Member
What is the name of your state (only U.S. law)? GA

I told a 'friend' they could stay with me for a few days. Well, a few days has turned into months now and the 'friend' refuses to leave. There was no written or verbal agreement and I have not taken or been offered any money for rent. What rights or legal options do I have to get rid of this freeloader? Since there was no type of agreement, or money exchanged, can I just put their stuff out and tell them to go?
 


Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? GA

I told a 'friend' they could stay with me for a few days. Well, a few days has turned into months now and the 'friend' refuses to leave. There was no written or verbal agreement and I have not taken or been offered any money for rent. What rights or legal options do I have to get rid of this freeloader? Since there was no type of agreement, or money exchanged, can I just put their stuff out and tell them to go?
NO! This gives the the friend(who is now a tenant) the ability to sue you for a wrongful eviction.

Absent a written lease, the state automatically creates a month-to-month lease. The "friend" is now a tenant, and has all the protection afforded them via your states LL/T laws.

The only option you have now is to send them a letter sent via CRR stating their tenancy is over on 02/09 and they must move out or face eviction.
 

brenda035

Junior Member
Ok, Ive been reading the forums here and freeloader problems of others. What is the legal definition, in the state of GA, for a tenant? If it someone who pays rent for occupancy then I have a legal loophole because no money has been exchanged nor work done as if it were a barter. So, I can throw him out if the legal definition of a tenant is someone who pays or works for rent right? Can someone tell me the legal definition of tenant in GA, please??
 

brenda035

Junior Member
Evicting An Unwanted Houseguest (Also See The GA Case Law on Who Is Just A House Guest)
So, you let a friend who was out of work stay in your apartment. Now after weeks or months she won't leave, though you've told her she must. Frantic, you ask a cop friend of yours what to do and he tells you to have her evicted. BUT Watchout!!!

Be carefull about evicting a guest. A GUEST WHO HAS BEEN TOLD TO LEAVE MAY HAVE NO LEGAL STATUS WHATSOEVER. ARGUABLY, THIS PERSON IS A TRESPASSER. Call the police and have the person and their things removed without ceremony.

Eviction is a legal process reserved only for those who pay rent, share household expenses or have some legal relationship to either you or the landlord. Serving a trespasser with eviction papers may actually do more harm than good. The reason is that such may actually convert that person into a tenant!!!! This means you may be responsible to follow the entire eviction process just as if the landlord were evicting you. It also means your "tenant" would have new legal rights such as the right to challenge the eviction in court and the right to remain in your residence for weeks until the the entire process was over. And during this time, you as "landlord" would be legally forbidden to change the locks, remove the tenants things, etc.



You can read more at consumer-sos.com

(The web address directly to this specific page is below. Im not sure if it will show up as a link.)

Landlord_Tenant (Georgia)




Other Cases That Determine if Someone is a Houseguest and Nothing more than a Houseguest.
The following cases involve houseguests who sued their hosts after they were hurt on the host's property. Although these are not landlord tenant cases, they lay out specifically whether someone is a guest or more than a guest. In both cases, the individuals stayed overnight or longer. However, they were found to be nothing more than social guests.

The GA Courts Deemed Them To Be Guests and Not Tenants Because They:

1. Never paid rent;

2. Never shared household expenses; and

3. Were being allowed to stay merely as a personal favor.



**I started a new thread because it seemed that no one was going to give me any type of straight answer. ::rolleyes:










Landlord_Tenant (Georgia)
 

Gail in Georgia

Senior Member
People have given you straight answers.

You simply don't agree with them.

You have allowed this person to live in your home for "months" now. The courts would very likely view this person in a different category than that of "house guest".

Unfortunately parents in Georgia (as in other states) have found out the hard way that even tossing adult children out of the house isn't the easiest thing to do.

Often the police will not touch these sorts of problems, citing that they are "civil" and not a criminal issue.

Gail
 
Brenda. You've found some useful cases that back the opinion that your friend is not a tenant.

A tenancy is not generally created by a duration of time; it is created when a property interest is purposely conveyed from a "landlord" to a "tenant." I've addressed this issue at length in other threads:

https://forum.freeadvice.com/marriage-domestic-partnerships-other-family-law-matters-45/boyfriend-wont-get-out-421721.html

Also, you must keep in mind that the majority of those who answer questions in this forum are not attorneys, and have no legal basis or support for their "opinions."
 

Ozark_Sophist

Senior Member
Brenda. You've found some useful cases that back the opinion that your friend is not a tenant.

A tenancy is not generally created by a duration of time; it is created when a property interest is purposely conveyed from a "landlord" to a "tenant." I've addressed this issue at length in other threads:

https://forum.freeadvice.com/marriage-domestic-partnerships-other-family-law-matters-45/boyfriend-wont-get-out-421721.html

Also, you must keep in mind that the majority of those who answer questions in this forum are not attorneys, and have no legal basis or support for their "opinions."
Keep in mind, Cameron has been WRONG in almost ALL cases on this issue and every other issue.
 
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Ozark_Sophist

Senior Member
And since Cameron needs to argue he is right, here is proof he is wrong.

§ 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. In such a case, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord's consent and which is not subject to levy and sale.
 

ecmst12

Senior Member
If you found relevent cases in GA that show courts have not upheld that the guest was a tenant in similar situations as yours, then it might be that IF your friend were to sue you, you would be able to successfully defend against the suit. What you need to decide is whether it would be worth the time and money to defend against this suit, what the chances might be that he would even FILE a suit, etc. The safest course of action is still to provide a written notice to move. If you don't want to concede that he is a tenant, you don't have to, simply provide a letter stating that you were glad to be able to help him with a temporary place to stay, but you are unable to allow him to keep staying there, and you would like him to be out by X date. Be reasonable with the notice. And if he doesn't meet the deadline, you will have to decide again if it is worth the risk of simply changing the locks (I wouldn't put his things on the street or deny him access to get them) or if you want to go to court. You may want to have a consult with a local attorney before you decide. If he sues for illegal eviction and WINS, it will cost you a whole lot of money.
 
If you found relevent cases in GA that show courts have not upheld that the guest was a tenant in similar situations as yours, then it might be that IF your friend were to sue you, you would be able to successfully defend against the suit. What you need to decide is whether it would be worth the time and money to defend against this suit, what the chances might be that he would even FILE a suit, etc. The safest course of action is still to provide a written notice to move. If you don't want to concede that he is a tenant, you don't have to, simply provide a letter stating that you were glad to be able to help him with a temporary place to stay, but you are unable to allow him to keep staying there, and you would like him to be out by X date. Be reasonable with the notice. And if he doesn't meet the deadline, you will have to decide again if it is worth the risk of simply changing the locks (I wouldn't put his things on the street or deny him access to get them) or if you want to go to court. You may want to have a consult with a local attorney before you decide. If he sues for illegal eviction and WINS, it will cost you a whole lot of money.
Now that's a sensible post.
 
And since Cameron needs to argue he is right, here is proof he is wrong.

§ 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. In such a case, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord's consent and which is not subject to levy and sale.
Think again, bub.

What are the key words in that law? How about "grants" and "right."

When did I say a tenancy is created? I wrote "it is created when a property interest is purposely conveyed from a "landlord" to a "tenant." I could have easily written "it is created when a property right is purposely granted from a "landlord" to a "tenant."

My statement was absolutely correct. :rolleyes:

Moreover, the mere act of allowing a guest to stay in one's house does not necessarily create a property right in favor of the guest. If you invited a buddy to your house to watch the NFL on Sunday, does that mean you have to evict him to kick him out? Of course not! Oh, you think the difference is the length of time the guest stays over? Where is that law? Please quote it because the law you quoted says nothing about time frames in discussing how a tenancy is created.
 

seniorjudge

Senior Member
What is the name of your state (only U.S. law)? GA

I told a 'friend' they could stay with me for a few days. Well, a few days has turned into months now and the 'friend' refuses to leave. There was no written or verbal agreement and I have not taken or been offered any money for rent. What rights or legal options do I have to get rid of this freeloader? Since there was no type of agreement, or money exchanged, can I just put their stuff out and tell them to go?
Here's a thought (and this works in most cases): Show the bum three one hundred dollars bills and tell bum that he/she gets them as soon as they walk out the door.
 

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