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  1. #1
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    Default Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    My question involves landlord-tenant law in the State of: Georgia

    Are there any successful tenant at-will or at suffrance defenses an employed adult child can use against a homeowner parent who is filing an eviction against an adult child who is not ready to move out yet? Especially, against a parent who is being violent, dishonest, and harassing with self-help eviction against the adult child and has been stealing/converting and destroying adult child's property to get him/her to move out sooner than the adult child planned?

  2. #2
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Nope. they can kick you to the curb and you're welcome to speak to the police about your theft/conversion issues.

    Find a new place to live, junior.

  3. #3
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Absent a lease with the parent for a set period of time the parent is free to end the tenancy at any time with appropriate notice to the child. If the child does not get out in that notice period, the parent may begin formal eviction proceedings to get the child out and will likely succeed since, absent a lease for a set period of time, the parent does not need a reason to terminate the tenancy.

    All the issues you raise of the parent being violent, stealing from the child, destroying the child’s property, etc., may give rise to other legal claims against the parent but will not provide any protection against the eviction.

  4. #4
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Quote Quoting Taxing Matters
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    Absent a lease with the parent for a set period of time the parent is free to end the tenancy at any time with appropriate notice to the child. If the child does not get out in that notice period, the parent may begin formal eviction proceedings to get the child out and will likely succeed since, absent a lease for a set period of time, the parent does not need a reason to terminate the tenancy.

    All the issues you raise of the parent being violent, stealing from the child, destroying the child’s property, etc., may give rise to other legal claims against the parent but will not provide any protection against the eviction.
    So would "self-help eviction" or "refusal to accept monies for monthly rent" not be defenses for evictions absent a lease?

    What are examples of appropriate notices?

  5. #5
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Really, find a new place to live. You're going to end up on the street.

  6. #6
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Work through these resources.

  7. #7
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    My second question is this: Can a judge award the parent an eviction against the adult child, without the parent providing evidence to that judge to prove the reason of eviction (OCGA 44-7-58) and to prove that a sixty-day notice was given to the adult child in writing or by recorded word of the mouth (OCGA 40-7-7)?

  8. #8
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Could you repeat that in English?

    The parent doesn't need a REASON.
    Where on earth does a sixty day notice enter into this? Notice of the termination of a month-to-month or at-will tenancy is only 30 days. The eviction notices are also much shorter.

    The big question is if you even meet the definition of a tenant under the Oklahoma statutes. Was there an agreement between you and the parent to pay rent in exchange for the accommodation?

  9. #9
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    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Quote Quoting gmdahootersman
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    My second question is this: Can a judge award the parent an eviction against the adult child, without the parent providing evidence to that judge to prove the reason of eviction and to prove that a sixty-day notice was given to the adult child in writing or by recorded word of the mouth?
    In your situation the landlord (your parent) is not required to have any particular reason for terminating the tenancy. Itís enough that the landlord wants you out. But if the landlord did not provide the notice required by Georgia law you can challenge the eviction based on that. If the landlord cannot prove proper notice was given the court will not issue the eviction order. All that does is buy you a little time, since all the landlord will need to do is give you the notice and if you are not out by the end of the notice period the landlord can go back to court for eviction.

    Quote Quoting flyingron
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    The big question is if you even meet the definition of a tenant under the Oklahoma statutes. Was there an agreement between you and the parent to pay rent in exchange for the accommodation?
    The OP is not in Oklahoma. The state tag says the OP is in Georgia.

  10. #10
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    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    Quote Quoting Taxing Matters
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    This only matters if the landlord is relying on some breach of the lease agreement for the eviction, e.g. nonpayment of rent, etc. The landlord does not have to give 60 days notice prior to eviction in those circumstances. Rather, the landlord simply needs to first demand that the tenant cure the breach (if thatís possible to do) by a certain date and if the tenant fails to cure by that date then the landlord may immediately start eviction proceedings. If the landlord fails to prove the breach, then the eviction will fail.

    On the other hand, if the landlord has given the 60 day notice to terminate the tenancy then the reason given by the landlord does not matter because the landlord does not need a reason to terminate the tenancy so long as proper notice was given.

    So what reason did the landlord give and is there evidence that the landlord has to support it?
    Can a landlord perjure a tenant by making a (knowingly) false reason on a dispossessory
    action?

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