Legal Question in Landlord & Tenant Law in Georgia

My father has been helping a friend out for the last few months. The person that he was helping has kids and they had a issue with their living situation. My father gave them a key and discussed with is other housemate that they can stay there for a little bit until they can get back on their feet. Long story short this did not work out and he wants her and her kids gone from the house. She does not contribute in any way, she is not on the lease, and there is no document or contract dictating whether she should pay rent or help in any way. BOTTOM LINE she is a guest and my father wants her gone. He has called the police and the police would not remove her. I find this really odd. Is there anything that he can do so that this situation is cleared up ? She is arrogantly not leaving and still to this second coming in and out the house and not speaking or doing anything except using my fathers resources. I cannot understand why she can stay and the police didnt remove her. Please help!!


Asked on 8/29/11, 10:14 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

This is a civil matter. It was improper for him to call the police. He could get sued for a great deal of money for an illegal eviction. Your father should know taht when you have legal problems you call lawyers.

The friend is legally a tenant at will under an oral agreement. To evict a tenant at will, he must give 60 days notice. He should do it in writing and he should be prepared to prove how he delivered notice. Should the friend stay after that he can then file a dispossessory in Magistrates Court.

I note that you said your father AND someone else live there. So it probably takes BOTH people to evict her.

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Answered on 8/30/11, 6:18 pm


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