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Overview of Georgia Law on Kicking Someone Out

Posted: Jul 13, 2020
By: NatEvict
Comments: Comments Off on Overview of Georgia Law on Kicking Someone Out

In Georgia, a “guest” is present at your invitation which you can revoke at any time. There’s a fine line between a “guest” and a “tenant,” however, and you should be very clear about your guest’s legal status before you try to throw them out.

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Overview of Georgia Law on Kicking Someone Out

If your guest has paid no rent and has provided no services in lieu of rent, then that person is considered a house guest. Bona fide house guests, known as invitees, have no rights under Georgia law and you can get them out very quickly. If, on the other hand, your guest pays some rent or helps with chores such as housework or babysitting, then he is properly considered a tenant. And tenants have renters’ rights under Georgia law.

How to Figure Out the Legal Status of Your Guest

Georgia courts have inferred a tenancy as little as two weeks after a house guest moved in, in which there was an intention to pay rent. So, the safest approach is to assume that a tenancy has been created, especially when evicting family members from your home. You don’t need a written lease to create a landlord/tenant relationship, and you don’t need to charge market rent. Paying just a few dollars a week towards the groceries or taking out the trash will turn the guest into a tenant in most cases. In fact, the guest may not have to part with a single dime. As long as there’s an intention to pay rent or provide services, the courts may decide that you’ve created a legal tenancy.

How to Remove a Bona Fide House Guest

Assuming your guest meets the definition of a bona fide house guest, you don’t actually have to “evict” him. Eviction is the process of removing legal tenants from a property, and your guest is not a tenant. Once the guest has overstayed her welcome, all you have to do is call the police and tell them that the guest is trespassing on your property. Don’t try to forcibly remove your guest without a police presence – this could expose you to a lawsuit for assault. It’s helpful, though not essential, to give the guest 24 hours’ written notice to leave. This gives the guest time to move out before you call the police.

How to Evict a Guest With Tenant Status

To evict a tenant, you have to file and win a formal eviction process through your local county court. Start the process by serving an eviction notice giving the tenant written notice to move out. Georgia law does not specify the length of the notice so in theory, you could give the guest as little as 24 hours to leave. However, you must wait until the “lease” is ended before serving the eviction notice. When evicting a family member with no lease in Georgia, it’s wise to assume that the guest has a month-to-month tenancy which needs a 60-day notice to quit. Follow this up by filing an eviction lawsuit with the court if the guest does not leave when the 60 days is up. The court clerk can provide information and the relevant court forms.

Landlords help with Filing

Learn the Eviction Process

Things to Look Out For

Take care that you don’t accept money from the guest after serving an eviction notice. This could create a new tenancy and put you back at square one. Be aware too, that the guest may choose to fight an eviction lawsuit, even if you believe that an eviction is justified. This could increase the length of time the court action takes, and you may have to argue your position in front of a judge. If you are not sure whether the guest is a tenant or not, or what type of tenancy he has, you should talk to a lawyer before you decide what to do next.

A Georgia landlord can evict a tenant, force him to leave the building he is renting, if the tenant fails to pay rent, won’t leave the premises when the lease term ends, or breaks the terms of the lease (if the lease states that this breach may result in eviction). The landlord must go through the courts to legally evict a tenant.

Process – Georgia Eviction Process

To evict a tenant in Georgia, the landlord must give the tenant notice, preferably in writing, to vacate the premises, and indicate the reason for eviction. If the tenant does not leave, the landlord must then file a “dispossessory affidavit” stating that the tenant is violating the lease terms. The sheriff’s department will then serve this paperwork on the tenant, who must respond within 7 days. If the tenant still fails to respond, the sheriff may force the tenant to vacate.

Tags: Eviction Information, Georgia Eviction Articles, LANDLORDS

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

Posted: May 06, 2018
By: NatEvict
Comments: 0

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

Professional tenants are a landlord’s worst nightmare, the ones you read about in the newspaper. These individuals are notorious for cheating the system and using loopholes, leaving landlord’s with lost rental income, a damaged property, and a huge headache. They will complain about the smallest of messes and become the largest hassles.

In order to get away with such actions, professional tenants have created some pretty elaborate strategies. Here are the top 5 tactics from professional tenants. If you find your tenant is doing any of the below, then you may have a professional tenant.

#1: PAYING PARTIAL RENT

Often times, professional tenants will pay only a portion of the rent each month. When a landlord has accepted partial rent one month, then State laws will not allow an eviction for that month. This provides the tenant with more time in the property with overdue rent, and most often, they’ll continue to delay each month. Before the landlord realizes it, the tenant is close to lease expiration with an exorbitant number of past due payments. Don’t accept partial payments and require full amounts on exact dates to avoid these schemes. If a tenant is late, be prepared to start the eviction process right away. Also, never accept partial rent.

#2: PAYING RENT BEFORE THE LATE FEE

Professional tenants understand a landlord is more likely to take legal action for $1,000 of past due rent than for a $50 late fee. These tenants will pay rent before the late fee, claiming the late fee will be paid soon. Guess what? By accepting the rent before the late fee, the landlord is most likely never going to receive the late fee. The landlord becomes emotionally drained as a debt collector and just writes off the late fee.

The lease contract is written to align incentives between the tenant and landlord. A late fee is listed in the contract to set the precedent that rent should not be paid past a certain date. Tenants should not take advantage of the payment terms in the contract. By waiving this fee, a landlord signals that the legally binding contract is “flexible,” and it provides professional tenants with the signal that they may be able to bend other terms in the contract. Don’t become drained emotionally and only accept rent after outstanding late fees are paid.

#3: PAYING IN CASH

Cash is impossible to track, making it the preferred medium for professional tenant payments. These tenants will lie about making cash payments or even go as far as faking rent receipts. As a landlord, avoid taking cash payments that foster these types of actions. When a landlord is in the courtroom, they want to show a track record of traceable payments followed by no payments. Keep in mind that in some states, landlords are not allowed to refuse cash. If a tenant insist on paying cash, you must create and BOTH sign a receipt at the time the cash is accepted.

#4: ASKING FOR TIME

Some tenants will approach their landlord and plead for more time to pay rent. This tactic is usually accompanied by a heart-tugging story of the hardships they are currently battling that prevents them from paying. Unfortunately, it is difficult for a landlord to know the legitimacy of these stories and a tough decision must be made. Allowing for a longer payment period will only make things worse. While it might be emotionally difficult to draw a line, a landlord is not a bank that provides loans. When a tenant is late on rent, they should go to their friends, family, bank, or another source for a personal loan. The relationship between tenants and landlords should be strictly professional and real estate related. If a tenant still cannot pay the rent when it is past due, then the next step is an eviction notice. A landlord may want to consider suggesting to the tenant that if they are late on rent, then they will release the tenant from their lease so the tenant can find a more affordable unit. It may be easier for a landlord in the long run to let a tenant who can’t afford rent to leave then to constantly chase the tenant for rent.

#5: CLAIMING THE RENTAL IS UNINHABITABLE

Professional tenants may try to claim the rental is uninhabitable as a scheme to not pay rent. Typically, their process is submitting a maintenance request and claiming it was never addressed. They will withhold rent or break the lease and reference the clause on maintenance and habitability of the property. Every maintenance request should be tracked in a system, providing evidence that the request has been acknowledged and updates have been provided in a timely manner. This type of documentation will save a landlord in the courtroom. While landlords have no power over the judge, maintaining records and photos of your properties can protect yourself from these situations.

When a tenant makes a claim that the property is unfit to live in, landlords must refile with proof of a habitable environment. Tenants will then proceed to trash the property in an attempt to justify their claim. Keeping a running log of property conditions and pictures help prove your case, do not forget that tenant damage, beyond normal wear and tear, can be charged back to the tenant. If they are intentionally causing damage to create an “uninhabitable claim,” documentation will help to bring justice in the case.

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