Does an Adult Child Have Any Special Protection Against Eviction by a Parent

[gmdahootersman]

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?

[Mark47n]

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.

[Taxing Matters]

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.

[gmdahootersman]

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?

[Mark47n]

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

[Mr. Knowitall]

Work through these resources.

[gmdahootersman]

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)?

[flyingron]

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?

[Taxing Matters]

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. It’s 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.

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.

[gmdahootersman]

In your situation the landlord (your parent) is not required to have any particular reason for terminating the tenancy. It’s 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.



The OP is not in Oklahoma. The state tag says the OP is in Georgia.

Thank you! What if the landlord/parent chooses to give a reason, but the reason becomes false and the tenant/adult child denies the false reason? So, the landlord/parent is allowed to give a false reason, rather than no reason, for the eviction?

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?

Can you interpret all of my posts in ENGLISH? Including this Georgia statute:

"O.C.G.A. 44-7-7 (2010)
44-7-7. Tenancy at will -- Notice required for termination