Legal Question in Real Estate Law in Georgia
I am the only one that holds title to my home. I allowed two friends to help me pay the down payment. They are not on title of the home or on the mortgage loan. They moved into the home when I took a job in another state as "renters" verbal agreement. I have given back a % of the down payment they assisted with and applied the remainder to rent for the time they lived there. One friend moved out without giving me notice in 2009. The other one stayed and ran into finanical issues in 2009 and did not pay the full rent. They promised to pay and did pay some back but not all of the rent from 2009. Things have become unfriendly and harsh. They have held rent due to "stating they repaired things around the home" without my permission. Then they just stoped paying. They now owe me over $5,000.They said I cannot evict them because they are owners of the home. Can they claim ownerhip in the home? We never agreed/ signed to a verbal/ written partnership in the home about the down payment. They are claiming we are business partners since they helped with the down payment. Can I evict them as they hav not paid for the last 4 months. They paid by depositing the rent into my account, which shows record of payment.
2 Answers from Attorneys
Get a lawyer. They can't own the home without being on the deed.
Based on your post, they are not currently owners of the home, and, therefore, may be evicted. It may be possible for them to claim ownership as a defense to the dispossessory (eviction) action, which would be a factual determination. However, it would be their burden to prove this.
If you would like to discuss any issues further, please feel free to contact my office. The link to 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.
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