No lease eviction without notice

[Tiffani Abshire]

Georgia resident

For the past two years I have been living on my Grandfather's property rent free and with him paying the lights per verbal agreement (all his idea for me not to pay). I was told when I moved in that he was going to give me the house, to treat it like it is my own, and that I can remove or sell anything in the house aside from a few items.

The house was already in poor condition when we moved in, the tub leaked to floor to the point there was a hole under the tub showing under the house, the carpets were stained with animal mess from years of him not taking care of things due to being a drunk. Both porches were falling apart. In short, the house needs thousands of dollars of work when I moved it and I told him what was wrong.

Over the years I did plants lots of trees, start putting up a fence, cleared trees from the woods, and did lots of work to the yard since I planned to remove the house once it was in my name and felt like the house itself wasn't a selling point anyway.

Now my grandfather is mad (for reasons not completely justified) and told me I have to leave or buy the house. I decided to move and told him that I would have my things out and the house cleaned by Dec. 31 because I am not capable of buying a home. He has given me no legal notice and is now trying to make me leave in just a few days, and stated that he will keep anything I leave. He is also threatening to sue me for damages done to the house while I was there, though he has no way prove what was already damaged when I moved in. Once I moved I left a key so he could come in and he instead had the neighbors come in and walk through the house taking pictures and removing some of his items while my stuff was still in the house. For all I know they could have taken my stuff aswell.

I have text where he states that he needs to put the house in my name and where he told me to treat it as my own. I also have the text which he said he doesn't care what date we agreed for me to be out but he is changing his mind and I have to go. Along with that I have many text where he is harssing me, sometimes calling 20 times in 30 minutes because I wouldn't not answer. His verbally aggressive and obsessive of my attention behavior is what lead to the issues that caused him to kick me out. I have proof that I asked for a real notice because he keeps flip flopping on when and if he wants me to move, and his response telling me that he does not have to give me notice.

My questions are does he have to give me notice and abide by the dates set since I had no lease and he was paying the bills? Was it legal for him to allow other people that he knows I do not trust to come in the house and remove things without telling me? Am I liable for and damages I did since I was told the house was mine and he can not prove what I did, but I can prove he was giving it to me? If he comes up and takes my belongings do I have any way of getting them back? If he does try to sue can I counter sue him for all of the money I put into the yard thinking it was mine that I can't get back?

 

[Zigner]

Real estate transactions (such as transferring a house) must be in writing. At this point, you are a tenant. You can't be forced to leave without proper notice.

ETA: Just play nice and move out within the proper time...I suspect there won't be any lawsuits.

 

[Tiffani Abshire]

Great! I did take back the key I left since he had other people (one being an off duty cop) coming into the house without me there and without my knowledge. From what I have read legally he has to set a date with me for him to come in until I am moved. Right now he is trying to come stay for a week to do repairs. This is the same week he said he will keep my belongings even though it is before the date I agreed to move on.

If he calls the law on me for not leaving a key, am I in the right still? The people he has coming into the house work for the local PD that I would have to call if he acts crazy, so I really need to knowy rights since they will be on his side.

 

[Tiffani Abshire]

I am just not responding to his text because no matter what I say he starts fighting and I am just trying to move ASAP.

 

[latigo]

Georgia resident

For the past two years I have been living on my Grandfather's property rent free and with him paying the lights per verbal agreement (all his idea for me not to pay). I was told when I moved in that he was going to give me the house, to treat it like it is my own, and that I can remove or sell anything in the house aside from a few items.

The house was already in poor condition when we moved in, the tub leaked to floor to the point there was a hole under the tub showing under the house, the carpets were stained with animal mess from years of him not taking care of things due to being a drunk. Both porches were falling apart. In short, the house needs thousands of dollars of work when I moved it and I told him what was wrong.

Over the years I did plants lots of trees, start putting up a fence, cleared trees from the woods, and did lots of work to the yard since I planned to remove the house once it was in my name and felt like the house itself wasn't a selling point anyway.

Now my grandfather is mad (for reasons not completely justified) and told me I have to leave or buy the house. I decided to move and told him that I would have my things out and the house cleaned by Dec. 31 because I am not capable of buying a home. He has given me no legal notice and is now trying to make me leave in just a few days, and stated that he will keep anything I leave. He is also threatening to sue me for damages done to the house while I was there, though he has no way prove what was already damaged when I moved in. Once I moved I left a key so he could come in and he instead had the neighbors come in and walk through the house taking pictures and removing some of his items while my stuff was still in the house. For all I know they could have taken my stuff aswell.

I have text where he states that he needs to put the house in my name and where he told me to treat it as my own. I also have the text which he said he doesn't care what date we agreed for me to be out but he is changing his mind and I have to go. Along with that I have many text where he is harssing me, sometimes calling 20 times in 30 minutes because I wouldn't not answer. His verbally aggressive and obsessive of my attention behavior is what lead to the issues that caused him to kick me out. I have proof that I asked for a real notice because he keeps flip flopping on when and if he wants me to move, and his response telling me that he does not have to give me notice.

My questions are does he have to give me notice and abide by the dates set since I had no lease and he was paying the bills? Was it legal for him to allow other people that he knows I do not trust to come in the house and remove things without telling me? Am I liable for and damages I did since I was told the house was mine and he can not prove what I did, but I can prove he was giving it to me? If he comes up and takes my belongings do I have any way of getting them back? If he does try to sue can I counter sue him for all of the money I put into the yard thinking it was mine that I can't get back?

A couple of things stand in your way as to any effort to establish ownership of any property (real or personal) presently owned by your grandfather.

As to claiming gifts of his personal possession; a promise or declaration to gift at some future time is not enforceable at law. There must be present a concurrence of the intent to make the gift and the transfer of possession of the subject of the gift.

Regarding the home and land situated in Georgia "any contract for sale of lands, or any interest in, or concerning lands" is only enforceable when the agreement/contract is in writing signed by the person to be charged. (See: Georgia Code Title 13 Chapter 5 Article 2 Statute of Frauds 13-5-30(4)

As far as being entitled to formal notice to vacate, because you have been in residency with his permission it is true that he should follow applicable Georgia landlord tenant laws. But what sense is there in insisting on it and standing on the letter of the law when you have already determined to move on? Trying to borrow time will only further aggravate an already charged situation. (Besides he might cut you out of his will.)

Plus it could motivate him to carry out his ridiculous threats of suing you.

You've had a good run, so move on. The gravy train has departed

 

[Tiffani Abshire]

I guess I should have made it clear that I in no way, shape, or form want his house or anything of his. It is a house full of awful childhood memories that was my best option given my financial situation at the time I moved in. What I am asking is if him leading me to believe that this was going to be my house would help me if he tries to take me to court for the little bit of damage that I did cause, and the other long term damage that he will try to blame me for out of spite. He spent the 10 years before he wreaked his truck and couldn't move back to the house so drunk out of his mind that he let many things fall to ruin, does not remember any of it, and is now blaming me.

The reason for asking if he has to give me legal notice is because, again out of spite, he has sent me a text telling me I have only 3 days to move the rest of my stuff out even though the date we agreed to leaves me with another few weeks. He as stated that he will keep MY belongings that he did not pay for, and my husband's which he has had years before ever meeting me. If he isn't bluffing I need to know what rights I have to my stuff. I do not want to drag this out, I just don't want to lose all of that and there is no way I can move everything in a few days (lots of very large items that won't fit at my new place). He is also not giving me a chance to repair any damage by trying to force us out so soon.

In the event that he really does try to take me to court I need to be prepared to defend myself.

 

[Zigner]

I guess I should have made it clear that I in no way, shape, or form want his house or anything of his. It is a house full of awful childhood memories that was my best option given my financial situation at the time I moved in. What I am asking is if him leading me to believe that this was going to be my house would help me if he tries to take me to court for the little bit of damage that I did cause, and the other long term damage that he will try to blame me for out of spite. He spent the 10 years before he wreaked his truck and couldn't move back to the house so drunk out of his mind that he let many things fall to ruin, does not remember any of it, and is now blaming me.

The reason for asking if he has to give me legal notice is because, again out of spite, he has sent me a text telling me I have only 3 days to move the rest of my stuff out even though the date we agreed to leaves me with another few weeks. He as stated that he will keep MY belongings that he did not pay for, and my husband's which he has had years before ever meeting me. If he isn't bluffing I need to know what rights I have to my stuff. I do not want to drag this out, I just don't want to lose all of that and there is no way I can move everything in a few days (lots of very large items that won't fit at my new place). He is also not giving me a chance to repair any damage by trying to force us out so soon.

In the event that he really does try to take me to court I need to be prepared to defend myself.

If he tries to lock you out, call the cops. If he takes your stuff, call the cops.

 

[Tiffani Abshire]

All I am trying to do is get my possessions and leave. I want this situation to be over with, however, the closer it comes to the date I am moving out completely the more aggressive he becomes about getting into the house.

 

[Tiffani Abshire]

I do have the keys to the house and he does not. I left one, but took it back because he was letting other people come in with neither he nor I present. I now have both of the keys (if the neighbors didn't make a spare), so he can not get in the house without me there. Do I have to let him have a key?

 

[Dave1952]

I don't see that you have any responsibility tom supply him with keys. You seem to be letting him jerk you around. Ignore him and move. If he's serious he can sue. Anything less is just trying to jerk you around.