Legal Question in Real Estate Law in Georgia
My girlfriend and I recently split up. My name is the only name on the lease, but she has been paying a portion of the monthly rent. She is refusing to leave. How do I evict her?
2 Answers from Attorneys
Assuming you did what you should have done when moving in together, you and she had a written agreement that addresses what happens now. Your remedies are in that agreement, and, if you cannot work them out under the agreement, a lawyer can assist you.
If you made the mistake of not having an agreement, courts have very limited ability to referee illegal relationships. Unless she is on the lease, you may have violated the lease by subletting, and if you had wanted the remedies a married couple had, you could have married.
You may possibly be able to argue she is a tenant at will of yours, give her 60 days written notice to leave, and, should she not comply, then attempt a dispossessory in Magistrates Court. For the reasons above, that may or may not go smoothly.
Two adults need to use common sense and work together on resolving it without resorting to eviction or other legal avenues.