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If they overstay their welcome and refuse to leave, the host can ask the police to summarily remove them. On the other hand, if the guest has gained tenant status, Georgia law requires that they be evicted under the same court procedures as someone who signed a written lease.
According to Georgia landlord-tenant laws and the Federal Fair Housing Act, tenants have the legal right to proper housing, meaning that they must be able to live in a rental unit in good conditions. On the other hand, all tenants in Georgia have the legal right to receive fair treatment from their landlord.
Georgia law says that a landlord cannot make a tenant make or pay for repairs, unless that tenant, his/her family or guests caused the damage. For serious repair problems, local housing code departments can inspect for possible violations.
A landlord can simply give you a written notice to move, allowing you 60 days as required by Georgia law and specifying the date on which your tenancy will end.
Tenant Under Georgia State Law. In Georgia, a true house guest can be summarily tossed out if they overstay their welcome. For a tenant, however, the landlord must serve notice, file a law suit and appear in court to argue their case.
To evict a tenant in Georgia, the landlord must give the tenant notice, preferably in writing, to vacate the premises, and indicate the reason for eviction. If the tenant does not leave, the landlord must then file a dispossessory affidavit stating that the tenant is violating the lease terms.
How to Evict a Roommate Not on the Lease in GeorgiaAsk your roommate to move out.Write your roommate a letter of eviction.Mail the letter by certified mail.Go to the magistrate court in your county.Wait for the magistrate to issue a summons.Attend the eviction hearing.
Thirty years or 30 days, it doesn't matter, you still don't own the place. If you have no lease agreement, and just pay your rent every month, you are considered a tenant-at-will. Under Georgia law, the landlord is required to give you a notice of at least 60 days before requiring you to move out.
And tenants have renters' rights under Georgia law. Georgia courts have inferred a tenancy as little as two weeks after a house guest moved in, in which there was an intention to pay rent. So, the safest approach is to assume that a tenancy has been created, especially when evicting family members from your home.
Call the sheriff (not the local police) to remove squatters from the premises if they do not leave. Hire a lawyer. You might need to file an eviction with the court if the squatters refuse to leave, and it's always good to have legal counsel on your side before taking any actions.