Legal Question in Real Estate Law in Georgia

Squatters

My brother & I switch deeds, I gave him my land & he gave me his. His included a dbl wide mobil-hm (mortgaged by him rented by his mother in law - no lease). I presented a lease to them after they've lived there for 9 years and they refuse to sign. What can I do to have them evicted or have the trailer moved?


Asked on 12/12/05, 5:05 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Squatters

It sounds like his mother in law is now a month to month tenant on your property. If she won't sign a lease to your liking, you can give her a 60-day written notice to quit. In the meantime, you just have to honor her last rental agreement, whatever that is. If she won't go by then, you make a final written demand for her to quit by a date certain, and then if she's still there, you take her to the local magistrate court for a holdover eviction. Make sure she is not under some current lease for a specific term, or a lease which has automatic renewal provisions.

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Answered on 12/13/05, 2:29 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Squatters

Another thing. If all you're after with trying to get a new lease signed is a rent increase, and if she is only month to month, you can give her a 60-day written notice of the rent increase, and if she doesn't pay it when due, you can evict her very quickly for non-payment of rent, rather than as a holdover.

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Answered on 12/13/05, 2:38 pm


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