I allowed a loser to move in with me because they needed a place to stay. It was not for free, he agreed to help me with bills and rent. However, he quit his job, and is now expecting me to take care of everything under the sun. I WANT HIM OUT OF MY HOUSE IMMEDIATELY.
Aside from changing my locks which I plan to do tomorrow morning, how can I legally get him out of my house without any negative ramifications (for me). He threatens me by telling me that Georgia law states I can not just put him out. And now, the days are rolling by and he thinks he has it made because the law is on his side.
I live in Atlanta Ga. In an apartment which has MY name on the lease. I just want him to get his things and go. Should I get the police involved? I want it to be as drama free as possible but because he is has no where else to go, he will try to find a reason to make me his permanent couch sponsor. Can some one please help me with some LEGAL advice? Thank you so much.
2007-09-16 04:53:13 · 13 answers · asked by n.primus 1 in Business & Finance ➔ Renting & Real Estate
Unfair though it is, you might now be stuck with giving him official notice to move (probably 30 days), unless he has done something illegal. Just being a loser isn't illegal, and it doesn't sound like you had any formal arrangement on how much he'd pay you to be there. It also doesn't sound like he's done anything like assaulting you.
You should consult an attorney about what you need to do - he sounds like the kind of jerk that could end up suing you, and possibly winning, if you don't follow the law very closely when kicking him out. If the law is on his side, then you could end up paying HIM damages if you just change the locks and boot him out. Nobody ever said life is fair.
You aren't legally required to do things like feeding him, though. You might want to do something like keep minimal food in the house, then each night just bring home enough for yourself and not share it with him. And if you are paying any of his personal expenses, or buying anything for him, stop.
You could call the police and ask, and might get lucky and get someone who actuallly knows the law, but they might not and you could get into problems if you follow their advice. Their function is involved with enforcing laws, not giving legal advice.
Good luck.
2007-09-16 05:33:27 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
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when you say stay over, do you mean sleep over or just go over? Just tell her your relationship is not sexual and tell her the furthest you've gone is making out, she'll respect that you admitted that you have madeout with him before. Why are you about to move out? I think that's a little young. Some mother's are more conservative then other's. I don't know what the relationship with you and your boyfriend is like so I can't really give input. If you've been dating only a few weeks, sleeping over at his house might be a bit much? If you've been together for a year then he's practically your best friend so sleeping over shouldn't be a big deal as long as your not having sex. Put details of your relationship and I'll try to give you better advice.
2016-03-27 01:31:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First of all you need to understand that the laws of your state govern what you can and can not do, I'll try to explain within this framework and space allowed but remember that this is not legal advice but merely an opinion, to get legal advice this is not the forum, you should consult with a local licensed attorney for that.
Your exfriend is your tenant and you are his landlord by law. You must follow the procedures codified in your state's landlord tenant act in giving him proper notice to vacate. If on the other hand you feel that his precense is dangerous to you you can file a restraining order against him and he will not be allowed to be there until the hearing to determine whether the temporary restraining order should be made permanent or not.
It is against the law in all states to do what is called a "self help eviction" such as the changing of the locks, be extremely careful in doing so and do so only under the advice of an attorney.
Here is the laws you must follow regarding evicting your exfriend
LANDLORD TENANT ACT: http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/contents.html
Here is some additional information:
Government Assistance to landlord and renters
http://consumer.georgia.gov/00/article/0,2086,5426814_5684686_39004304,00.html
Here is a legal organization that can help you further and not make mistakes
State bar Association: http://www.gabar.org/
Best of luck to you
2007-09-16 05:46:44 · answer #3 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋
Unfortunately, you will have to have him evicted. This requires filing papers with the Sheriff's dept. Once someone "stays" in your residence for longer than a few days, they are considered by the courts to be a resident of that address. The police cannot kick them out. I am not an attorney but a friend of mine's brother in Cobb county wouldn't leave. She found out that she would have to file an eviction because he stayed long enough to be defined as a resident. She was able to take advantage of him being gone one day and changed the locks. He did get violent but moved on. You might not be as lucky.... be careful. Talk to your county sheriff's dept on the process to make this happen.
2007-09-16 08:59:43 · answer #4 · answered by dianaparisian 4 · 0⤊ 0⤋
I don't think it is legal for you to change the locks. Once a guest has stayed 2 weeks they have all of the legal rights of a resident. You will have to formally evict him, the sheriff can NOT remove him from his home just because you want him out without the eviction.
You let him in, if he has been there 2 weeks you need to deal with it, but he can have you arrested for changing the locks on what is now his legal residency.
2007-09-16 06:16:04 · answer #5 · answered by Landlord 7 · 1⤊ 0⤋
I would call & talk to the police--getting some info from them doesn't mean you have to get them involved. Having the correct laws will be something you can use to hold over the loser's head.
I'm pretty sure that if there's nothing in writing. and he's not on the lease, you have every right to throw him out.
Good luck.
2007-09-16 05:05:28 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Put Someone Out
2017-01-05 08:41:52 · answer #7 · answered by ? 4 · 0⤊ 0⤋
In Michigan if someone has lived with you for more then 30 days that place becomes their residence. you must file an eviction notice and give them 30 days to leave. he could possibly sue you if you change the locks and not allow him to enter. it really sucks when you try to help someone and they take advantage of the situation. the police may tell you the law over the phone..do not call 911 just call the local phone number. you may try speaking with your landlord. or you may have to move when your lease is up....Good Luck
2007-09-16 05:10:44 · answer #8 · answered by lori c 1 · 1⤊ 0⤋
legally put house ve staying
2016-02-02 12:57:40 · answer #9 · answered by Sophronia 4 · 0⤊ 0⤋
Go to the police station and tell them you want help in getting him out of your place. Also file a restraining orde against him.
2007-09-16 05:10:14 · answer #10 · answered by Anonymous · 1⤊ 1⤋