Unwelcome Guest

[PhoenixRsng]

I live in Georgia. I allowed my adult daughter to move in with me 8 months ago since she had no place to go. There is no lease agreement. She does not pay rent or assist in any way financially. I recently asked her to move out because she has become hostile and disruptive. She refused. She indicated that by law, I have to give her 60 days notice and go through the eviction process. Is she correct? What steps do I need to take to get her out of my home? Thanks in advance for responding.

 

[Zigner]

I live in Georgia. I allowed my adult daughter to move in with me 8 months ago since she had no place to go. There is no lease agreement. She does not pay rent or assist in any way financially. I recently asked her to move out because she has become hostile and disruptive. She refused. She indicated that by law, I have to give her 60 days notice and go through the eviction process. Is she correct? What steps do I need to take to get her out of my home? Thanks in advance for responding.

30 days notice is required, not 60. I would suggest that you Google How to evict in Georgia

 

[Gail in Georgia]

IF your daughter was paying rent (without a written lease) and was thus considered to have a "tenancy at will" (i.e., a month to month lease) with you, you would need to provide her with a 60 day written notice to terminate this lease in Georgia (it's 30 days for the tenant, 60 days for the landlord in this type of leasing situation).

HOWEVER, since she is NOT paying rent it's a different story. Have you two ever spoken about her paying rent in this situation? If so and she hasn't, it's a simple matter of you demanding the rent and when she doesn't come up with it IMMEDIATELY, marching down to the Clerk of Court in your district and filing for a dispossessory (our version of an eviction) to begin the process of eviction.

So...have you ever discussed rent with her?

Gail

 

[PhoenixRsng]

IF your daughter was paying rent (without a written lease) and was thus considered to have a "tenancy at will" (i.e., a month to month lease) with you, you would need to provide her with a 60 day written notice to terminate this lease in Georgia (it's 30 days for the tenant, 60 days for the landlord in this type of leasing situation).

HOWEVER, since she is NOT paying rent it's a different story. Have you two ever spoken about her paying rent in this situation? If so and she hasn't, it's a simple matter of you demanding the rent and when she doesn't come up with it IMMEDIATELY, marching down to the Clerk of Court in your district and filing for a dispossessory (our version of an eviction) to begin the process of eviction.

So...have you ever discussed rent with her?

Gail

No, I have never discussed rent with her. I was trying to help her out until she got on her feet.

 

[FarmerJ]

Since she is willing to try to make you take her to court to get her out , first order of business, if you do not have a bank box and a post office box go get them, all documents that can be used to help steal your identity and any small valuables( jewelry , coin collections, cash you might normally have hidden in the house ) that can easily be sold- disposed of & all banking info can go into the bank box and post office box so nothing of yours that comes to the house can be stolen from the mail, like credit cards & more indentity information. THEN you can use that po box as your mailing address when you send her proper written notice via certified mail or even for your end of the paper work for getting her out so that way she cant destroy your proofs like if she refused to pick up certified mail from you , it will be returned by the post office and you wouldn't want her to have the chance to destroy it. I wish for you it was as simple as putting her over your knee and paddling her tuchis but considering that she has already said what she did , Id say go thru the process and get her out , You also can add a deadbolt for your bedroom door ( replace the door knob) once you start the process do not back down ( infact also take pics of every thing in the house and store them in the bank box too, because if she decided to rip you off it will help you to have pictures of your things when you file police report. )

 

[Gail in Georgia]

"No, I have never discussed rent with her. I was trying to help her out until she got on her feet. "

Then in cases such as this (and unless she is threatening you with violence) it is often best to treat as having a tenancy at will since she would likely argue she has established a residency with you (i.e., receiving mail there for example). The police will do nothing to get her out without a court order granting them the right to do so OR your report that she is dangerous to you..in which case, she gets arrested and hauled off to jail...and you likely end up bailing her out.

Serve her the 60 day written notice and indicate you WILL continue with your goal of filing for a dispossessory if she fails to vacate the property after this time period. And stick by your guns on this one.

Gail

 

[Eekamouse]

Since she is willing to try to make you take her to court to get her out , first order of business, if you do not have a bank box and a post office box go get them, all documents that can be used to help steal your identity and any small valuables( jewelry , coin collections, cash you might normally have hidden in the house ) that can easily be sold- disposed of & all banking info can go into the bank box and post office box so nothing of yours that comes to the house can be stolen from the mail, like credit cards & more indentity information. THEN you can use that po box as your mailing address when you send her proper written notice via certified mail or even for your end of the paper work for getting her out so that way she cant destroy your proofs like if she refused to pick up certified mail from you , it will be returned by the post office and you wouldn't want her to have the chance to destroy it. I wish for you it was as simple as putting her over your knee and paddling her tuchis but considering that she has already said what she did , Id say go thru the process and get her out , You also can add a deadbolt for your bedroom door ( replace the door knob) once you start the process do not back down ( infact also take pics of every thing in the house and store them in the bank box too, because if she decided to rip you off it will help you to have pictures of your things when you file police report. )

Make sure you heed FarmerJ's sage advice. You need to protect yourself in this situation.

 

[PhoenixRsng]

"No, I have never discussed rent with her. I was trying to help her out until she got on her feet. "

Then in cases such as this (and unless she is threatening you with violence) it is often best to treat as having a tenancy at will since she would likely argue she has established a residency with you (i.e., receiving mail there for example). The police will do nothing to get her out without a court order granting them the right to do so OR your report that she is dangerous to you..in which case, she gets arrested and hauled off to jail...and you likely end up bailing her out.

Serve her the 60 day written notice and indicate you WILL continue with your goal of filing for a dispossessory if she fails to vacate the property after this time period. And stick by your guns on this one.

Gail

Thanks Gail! I will be serving the notice today.

 

[PhoenixRsng]

Since she is willing to try to make you take her to court to get her out , first order of business, if you do not have a bank box and a post office box go get them, all documents that can be used to help steal your identity and any small valuables( jewelry , coin collections, cash you might normally have hidden in the house ) that can easily be sold- disposed of & all banking info can go into the bank box and post office box so nothing of yours that comes to the house can be stolen from the mail, like credit cards & more indentity information. THEN you can use that po box as your mailing address when you send her proper written notice via certified mail or even for your end of the paper work for getting her out so that way she cant destroy your proofs like if she refused to pick up certified mail from you , it will be returned by the post office and you wouldn't want her to have the chance to destroy it. I wish for you it was as simple as putting her over your knee and paddling her tuchis but considering that she has already said what she did , Id say go thru the process and get her out , You also can add a deadbolt for your bedroom door ( replace the door knob) once you start the process do not back down ( infact also take pics of every thing in the house and store them in the bank box too, because if she decided to rip you off it will help you to have pictures of your things when you file police report. )

Thanks FarmerJ!