Room mate night mare

4 Replies

I have a friend that has a roommate. At first she got along great with him, in fact maybe got along too well. As you can imagine things have not worked out well and she would like to get rid of him. He has stopped paying rent and refuses to leave. What recourse does she have? I’m assuming there was never a lease agreement or anything like that. Since it’s her house and there is no contract can she just throw him out or does he have some kind of squatters rights or something? This is in Savannah, Georgia. Thanks in advance for any advice. 

Since there is no contract then the best thing would be for them to just come to an agreement for him to get out of the property. 

basically two ways to proceed. first is ignore the rental situation. throw his stuff on the curb, and hope he goes away. hopefully she does not get sued for self help eviction. second is to deliver 3 day pay or quit alongside 30 day notice to vacate and follow formal eviction procedures. benefit to this is its the legal way to go, but it takes longer and can be uncomfortable.

she should consult her local landlord tenant laws to understand her decisions though

The answer depends on what kind of relationship.   SEX involved means getting Restraining order,  guy could be a FREAK....we dont know.

Ift its just business throw his stuff on the curb.............hahahahaha.  Or bring home a boy every night till he

And now for the legally correct answer...

Since he has stopped paying rent (and they have, I'm assuming, an agreement where he has paid rent in the past), she provides him with a 3 Day Pay or Quit notice IF her goal is to obtain rent from him.   If he does not remedy the situation within that time period, she marches her self down to her local Clerk of Court office on the 4th day and files for what is known in Georgia as a dispossessory affidavit (our version of an eviction).

IF her goal is to simply get rid of him and there is no written lease between the two of them, he is considered to have a "tenancy at will" in Georgia (i.e., a month to month tenancy).  As his landlord she must present him with a 60 day...NOT a 30 day...notice terminating this type of tenancy.   If he remains in the rental unit after this time period, then she files for the dispossessory as above citing he is now a "holdover" tenant.

The other option she might consider is a "cash for keys" deal where she simply pays him some money to go away.


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