Legal Question in Landlord & Tenant Law in Georgia

Eviction of friend

What are the rights of a homeowner in evicting a non-rent paying

adult living in the household who does not respond to frequent

attempts to communicate the issue eviction? At what point is the

homeowner allowed to eject said adult's property from the home

and in what manner as would be just in the eyes of the law?


Asked on 2/12/05, 1:07 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Eviction of friend

Gray area. Not enough facts given here to determine if this person's status is guest or tenant. If just a guest, you can order them a written order to leave or be considered a trespasser. If they don't, you can file charges with the police. This can backfire. The cautious course is to treat them as a tenant and give them a 60 day written notice to quit, followed by a written demand to quit by a definte date if they are still there after 60 days. Then, you can go to court and file for an eviction order.

You can call me at (404) 617-7407 if you would like more assistance in this matter or have further questions.

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Answered on 2/13/05, 9:06 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Eviction of friend

In order to evict a tenant, you would need to file a dispossessory claim in magistrate (small claims) court after giving them 60 day's notice of your intent to have them leave. They would then have 7 days from the date of service to file an answer. If they do file an answer, a hearing will be set.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/15/05, 8:01 am


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