The tenant can only be removed once the landlord wins the case and gets approval. It isn't easy or pleasant to file an eviction action against a former partner after a breakup. Can you kick someone out of your house in Georgia? Blog For example, you could file for civil court eviction because you cannot afford the cost of litigation or believe it is not necessary to go through with a judicial hearing. There are many questions to ask before attempting to evict a domestic partner without cause from a home in one partner's name, including: If the unit was purchased by the two partners together, and both names are on the deed, it will be necessary to get legal assistance. Weve been fighting like crazy, Schorr says. If your girlfriend refuses to leave, a sheriff or deputy will show up at the door with you present to ensure that she leaves peacefully. The steps to take to evict someone even the question of whether eviction is possible depend on the circumstances. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Attorney Campbell is correct, you cannot engage in self-help by moving her property outside and changing the locks. It may not be the case if the couple are registered domestic partners and live in a state with community property laws that apply to domestic partners, like California. Evicting a tenant in Georgia is a matter of following the statutory rules. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summonsto any personresiding on the premises orby posting a copyon the door of the premises and, on the same day of such posting, bymailing by first-class mail a copy of the summonsto the defendant, (a)in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summonsall rents allegedly owed plus the cost of the dispossessory warrant, (b) The summonsshall command and require the tenant to answer either orally or in writing within seven days from the date of the actual serviceIf the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. This orders the tenant to move within seven days. It is recommended to include this notice in the lease to avoid tenant retaliation. An eviction is only possible if one of the cohabiting partners has greater rights to occupy the dwelling than the other. To chat with a landlord tenant attorney, Click here. Check the court's website. Eviction can cost $1,000 to $10,000 in legal fees, and sometimes more if the case goes before a jury. How do I evict my girlfriend who refuses to leave? Landlords should be aware of the changes made to the Eviction Policies in the state of Georgia. Under Georgia law, a person doesn't need to pay rent or sign a lease to be considered a tenant. No one eviction fits all, either. Think You Have a Bad Roommate? Ejectment requires more time and is handled in a circuit court A house can't be ejected from its location. There are no such laws for unmarried couples who jointly own property. In Georgia, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). On the other hand, one thinks of a tenant as a person who signs a lease agreement and pays rent. Write down the lease terms: When you let anyone live in your house longer than a Christmas vacation, its a good idea to send him an email outlining a rental agreement. Leaving a copy at the tenants residence with an adult who lives there; or. For tenants that dont pay monthly, notice is not required. If the tenant still doesn't leave after an eviction judgment against them, the landlord can ask law enforcement to assist in physically removing them. Complained to a governmental entity responsible for enforcing building or housing codes or a public utility, and the tenant: A. Most jurisdictions dont like to make people homeless at the snap of a finger, Schorr says. How to get an ex-boyfriend out of your house? Tenant responsibilities We use cookies to make wikiHow great. It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. You will have to file an eviction action in your local court. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under Georgia law. If, after considering all of the circumstances, an individual determines that they do have the right in their jurisdiction to evict their partner without cause from the residence they share, they must act according to the applicable landlord-tenant laws. How to Evict a Roommate: Yes, You Can Kick That Deadbeat Out! If this is an every-day eviction, just follow the steps given to us at the courthouse, we will follow the steps and wait for out day in court and the judge to rule against Chris (the girlfriend/tenant). These documents must be served on the tenant by the Sheriff or process server; prior to the hearing through one of the following methods: {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/1\/18\/Get-Your-Girlfriend-to-Move-Out-Step-1-Version-3.jpg\/v4-460px-Get-Your-Girlfriend-to-Move-Out-Step-1-Version-3.jpg","bigUrl":"\/images\/thumb\/1\/18\/Get-Your-Girlfriend-to-Move-Out-Step-1-Version-3.jpg\/aid194279-v4-728px-Get-Your-Girlfriend-to-Move-Out-Step-1-Version-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"