When Must a Houseguest Be Evicted
My question involves landlord-tenant law in the State of: Ga.
My boyfriend and myself (pregnant at time) and our daughter moved into his dads house (he doesnt live here) reluctantly to try and save $ for own place so no rent paid or utilities..boyfriends younger bro was luving here already...dad came by and said we had 1 week to move, no written notice or legal notice served. We are now a family of 4 +dog/cat and its christmas time and we have no place to go in 1week..the next day he came and put locks on other rooms in house that our property is stored in. Note stated he would come by to unlock if we needed anything..it was obviously our stuff in 1 of them toys carseat childrens clothes etc yet he still locked door. How can he keep us locked away from our property and tell us leave. The note he left telling us about locks also stated he had ordered dumpster for anything left after dec.11th, a week exactly since he told my BF we had to move out. We have been here ling enough that we get mail here. Doesnt he have to evict us? Are the locks on doors legal? Can he start throwing our stuff out on 11th or even 12th without filing proper eviction?
Re: Can He Lock Doors in House Our Property in and Kick Out Without Evicting Us
How long have you been living there? It's very important.
- - - Updated - - -
Ah. Georgia isn't the most tenant-friendly of states. So, please go here for a synopsis and read the links contained therein.
http://www.georgialegalaid.org/resou...iction-problem
Re: Can He Lock Doors in House Our Property in and Kick Out Without Evicting Us
Have been here for about 5months..our baby is 2mos now and I had her while here. My car is even registered to this address.
Re: Can He Lock Doors in House Our Property in and Kick Out Without Evicting Us
Even in landlord friendly Georgia, your "landlord" (boyfriends dad) can't do this...although it does happen. Frankly, it sounds like dad got tired of have a couple of freeloaders living in his place not paying rent or utilities. Thus, the question might be whether you were ever tenants or simply guests he got tired of carrying.
Best to focus on getting your things out of there and finding another place to live. Hopefully you've saved enough money in the five months you've been able to live rent free to put a deposit down on your own place.
Gail
Re: When Must a Houseguest Be Evicted
For all of its ostensible landlord-friendly provisions, Georgia in fact has a very tenant-friendly statute defining when a landlord-tenant relationship is created:
Quote:
Quoting OCGA Sec. 44-7-1(a)
(a) The relationship of landlord and tenant is creat ed when the owner of real estate grants to another person, who accepts such grant, the right simply to pos sess and enjoy the use of such real estate either for a fixed time or at the will of the grantor. In such a case, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord ́s consent and which is not subject to levy and sale.
"The payment of rent is not essential to the creation of a tenancy at will." May v. May, 165 Ga.App. 461, 462, 300 S.E.2d 215 (1983) (citing Carruth v. Carruth, 77 Ga. App. 131 (48 SE2d 387) (1947)). A landlord is required to give proper notice and follow proper process when evicting a tenant. You can find a ton of information on the rights of tenants in Georgia, here.
Re: Can He Lock Doors in House Our Property in and Kick Out Without Evicting Us
Quote:
Quoting
gail in georgia
Even in landlord friendly Georgia, your "landlord" (boyfriends dad) can't do this...although it does happen. Frankly, it sounds like dad got tired of have a couple of freeloaders living in his place not paying rent or utilities. Thus, the question might be whether you were ever tenants or simply guests he got tired of carrying.
Best to focus on getting your things out of there and finding another place to live. Hopefully you've saved enough money in the five months you've been able to live rent free to put a deposit down on your own place.
Gail
Well thank u gail although a smartass opinion wasnt what I was asking for esp since u dont know anything other than what I typed...dad isnt a dad he was a sperm donor, notice how I said reluctantly moved in there, we didnt want to believe me n it hasnt been a free ride. we have done many repairs to home in order for dad to sell it, which now that theyre done he has decided not to sell and to kick us out. I simply wanted to know if door locks and 1week were legal as we plan on moving just 1week isnt time to fi.d place and move an entire family with very limited resources. Thank you for your expert opinions tho.
Re: Can He Lock Doors in House Our Property in and Kick Out Without Evicting Us
Nice of this "sperm donor" to let you live there for free which was perfectly fine until the guy got tired of you and locked you out and suddenly became the bad guy. I suspect Christmas dinner will be a bit lonely around the old dinner table.
At any rate; what he did was not legal and no, he can't start tossing your things out without a court order granting a dispossessory affidavit (Georgia's version of an eviction). So the question becomes what do you wish to accomplish? Move back in? Be able to enter the property to get your property? If the latter you're likely to accomplish this by contacting your local law enforcement office and explaining the situation and having them accompany you back to the property to accomplish this peacefully. If the former said boyfriend might make some headway sitting down with "sperm donor" and talk nice and attempt to come to some understanding regarding being able to move back in. Something that you haven't posted here set dad off where he was tired of you living rent free on his property. Good luck.
Gail