Legal Question in Landlord & Tenant Law in Georgia
I want my ex father in law out of my house
My ex father in law has lived with me since 7/2002. He moved back to GA from FL and moved in with me and my now ex husband. when my ex left he stayed to help me with my son. I asked him to move in March of 2005 and he said he would. I told him that i knew it would take a little time to find somewhere but as soon as he could to please move. Well he has said he was leaving several times and has yet to leave. He does give me a little money here and there no more then 200 to 300 a month. Half of the bills would be more then 500 a month. I have never asked him to pay a set amount or anything. I always just take money as he gives it. He has never had a set amount of rent to pay. I was wondering what are my options to get him out of my house. I want to do it as peacefully as possiple because he is my sons grandfather but i really need him out.
1 Answer from Attorneys
Re: I want my ex father in law out of my house
Due to the length of stay and the fact that he has been paying at least some rent, you would need to treat it as a tenancy at will. As such, you will need to give him sixty (60) days notice, preferable in writing for possible future use to evidence the notice. If he has not moved out by the 60th day, you may file a dispossessory proceeding in the magistrate (small claims) court in the county in which the property lies. he can choose to file an answer and fight it or simply move out.
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
www.macgregorlyon.com
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