Legal Question in Landlord & Tenant Law in Georgia

Roommate who won't move out of ''my house''

Two divorced mothers are living together in one home. The house belongs to one of the individuals and the other indivdual (and her children) live there - sometimes paying toward utilities, food, mortgage payment etc. The owner of the house wants the the other individual out of the house because she refuses to pay her share of the bills and is verbally abusive to her and her kids. The owner of the house is afraid of the other woman and doesn't know how to go about getting this other person out of her house (and her life).


Asked on 7/07/04, 7:27 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Roommate who won't move out of ''my house''

Your roommate is essentially your tenant. The agreement to pay part of the utilities is essentially the tenant's rent. If she is failing to pay it timely, she is failing to pay rent. So, the owner can serve a written demand on her to pay rent or quit by a date certain. She can also serve a 60-day notice to quit in all events (30 if she's been there less than a year). This all assumes there is no written agreement. If she fails to pay or leave by the specified date, she can be taken to any court for a summary disposses proceeding. This is very expedited, and can be heard as quickly as a week. The tenant will have 7 days to answer the complaint or will be in default. Otherwise an informal trial will be held. Upon obtaining the disposses order, she will have 7 days to get out or the sheriff will remove her.

This process is relatively simple and I can guide you through it if you desire assistance. If you do, please call me at (770) 534-1057, or e-mail me at [email protected]

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Answered on 7/08/04, 8:41 am


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