Hi, I am on a lease but my boyfriend isn't so can l give him a verbal eviction or a written three day eviction.

Asked by Muffin3221, Atlanta, GA Tue May 29, 2012

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Ginger McGuf…, Agent, Atlanta, GA
Tue May 29, 2012
A lady in my neighborhood had a tennant that would not move out. She loaded up on good books and had the cable turned off. He was gone within a week! :-)
1 vote
Connie Mitch…, Agent, South Padre Island, TX
Tue May 29, 2012
As a retired member of the law enforcement community, the living arrangements you have described might very well be construed as common law marriage. A peace officer will not have the ability to evict or force a person from their home if they have been living with a partner......... sharing rent, sharing bills, somewhat living as a "married couple".

This will be a civil problem that you most likely will have to take to the civil authorities in your area. Take your lease and a letter from your landlord if you can obtain one and present to the civil authority to obtain an eviction.

Legally your landlord cannot evict one of you but must evict both (for breaking the lease if a second party was not allowed to take up residence with out landlord's permission). Common law marriage does have different requirements/definitions in each state, so again I would consult with the local civil authority.
1 vote
Lee Taylor, Agent, Decatur, GA
Tue May 29, 2012
Why won't he just move along?
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0 votes
Latisha Thom…, Agent, Atlanta, GA
Tue May 29, 2012
yes, make sure you call the courts to see what procedure you take, but I know being a license agent, and file many eviction, you must give a person written eviction.
0 votes
, ,
Tue May 29, 2012
I have to agree with Steve Miller. If I give you the wrong advice and your boyfriend goes postal on you, I could be held liable. If not legally, then morally. Call the po-po and ask them what they recommend you do. LaTisha is right that everything should be in writing.
By the way, have you just asked him to leave?
0 votes
Steve Miller, Agent, Rome, GA
Tue May 29, 2012
Appears to me that some agents may be attempting to provide "legal" advice. Be careful, unless of course you are a licensed attorney.
0 votes
Contact a real estate or landlord law attorney use findlaw.com
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Hank Miller, Agent, Alpharetta, GA
Tue May 29, 2012
The question is whether or not you had authority to allow him to take up residence in the first place. If he's not there "legally" then you may need to have the cops remove him if he doesn't go willfully.

That said - you never know what the latest "laws" are surrounding tenants - there are variables that could come into play (like how long he's been living with you) so if it get's complicated then you should research this further.
0 votes
Larry Augst, Agent, Atlanta, GA
Tue May 29, 2012
You need to provide written notice, then file in the county magistrate for an eviction. If you attempt to just throw him out, he may file suit against you.
The written notification should be certified mail. It should not include name calling and all the drama that comes with a break up.
0 votes
Latisha Thom…, Agent, Atlanta, GA
Tue May 29, 2012
Yes!!!! you must give him a written eviction and please make sure you file eviction down at the court house to protect you . The Marshall will serve him, he will receive a copy in the mail. if he do not response to eviction by the date the court give him to answer the eviction, you will file a writ with the Marshall office and they will come put his items out on the street....if you accept any money from him during the filing of the eviction, eviction is not valid. you will have to start process over.
0 votes
Scott Godzyk, Agent, Manchester, NH
Tue May 29, 2012
All evictions need to be in writing no matter where you live. you should google GA landlord tenant law for the laws in yoru area, even though not on the lease, if he is living there you would have to go through the eviction process. Some states allow 7 days while others are 30 days. If you do not undertstand your landlord tenant laws for GA you may need to consult a lawyer. good luck
0 votes
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