Legal Question in Landlord & Tenant Law in Georgia
landlord/tenant issues
I have a property that was listed for sale. My friend told someone that they could move in for a month because the property was going into foreclosure without my knowledge. Three months later I went to get my lock box off the door and someone open the door. I did not sign a lease with this person. What do I have to do to get this person out of my house.
2 Answers from Attorneys
Re: landlord/tenant issues
You will have to file a dispossessory action (eviction) in the magistrate of the county where the property is. Depending on the nature of what you agreed to with the tenant, you might have to provide 60 days' notice. of course, you can sell the property with the tenants, but that would have to be disclosed to a buyer.
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Re: landlord/tenant issues
You failed to say whether or not there was a foreclosure. Do you still own the house? If the people are there completely without your knowledge or consent, it might be an issue for the police, as opposed to the dispossessory process. However, if there is any evidence that you agreed, or gave someone else authority to allow them to rent the house, you'll have to do a dispossessory. Either way, it is best to provide notice to the tenants. You might find they are willing to leave and avoid problems.
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