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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23094
Experience:  Attorney with 14 years experience
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Im unclear on the restraining order , Can I file it the same

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I'm unclear on the restraining order , Can I file it the same time as an eviction , I do not trust this woman , she will destroy my personal things while I'm at work , and she will fight with me and try to get me to hit her , How do I file for both of these
Submitted: 10 months ago.
Category: Family Law
Expert:  Barrister replied 10 months ago.
Hello again,
.
I'm unclear on the restraining order , Can I file it the same time as an eviction
.
Yes, there is nothing that would prevent you from filing them both at the same time. If the restraining order is granted, then she would have to vacate immediately and then the eviction would be solely for the purpose of you being able to get rid of any personal property she may leave there if she didn't take everything with her.
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You can file both actions at the local courthouse and the clerks can direct you to the particular offices you need to file the respective actions with.
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As we discussed previously, I would suggest you try to record any conversations where she may try to provoke you or tries to assault you for possible future use.
.
.
Thanks
Barrister
.
Customer: replied 10 months ago.

going back to the eviction , the deal was between us she could stay there for no rent until she got a job and got on her feet almost 5 months later no job and no deviding of expences . Does this affect the way I would file for eviction ,I didnt give her a time limit , but after for months I feel this was more then enough time to get a job . She was never going to be a tennete , I was trying to help her out , get on her feet

Expert:  Barrister replied 10 months ago.
If she was responsible for "rent" in the form of splitting utilities, then you she would legally be considered to be a month to month tenant under an oral tenancy and you would be her landlord. In order to terminate a month to month tenancy, you would have to give her a written 30 day notice to terminate her tenancy and move. Then if she didn't move out, you can file the eviction action.
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But if she hasn't paid the agreed on "rent", then you can immediately demand all past due money and then file for eviction. Make sure that you have an exact amount that she owes you backed up by your utility bills to document what she owes.
.
So no, if there was no set duration of the tenancy, she is just a month to month tenant.
.
.
Thanks
Barrister
Customer: replied 10 months ago.

Nothing in writing , so at this point to get this woman out give her 30 day notice to leave and file a restraining order to get her out

Expert:  Barrister replied 10 months ago.
You don't have to have a written agreement with her for the lease terms. Oral leases are considered by default to be month to month. What I mean when I say get your paperwork is to get your utility bills, divide them in half and then add up what she owes you and then you would make demand for that amount from her as her "rent" if that was the oral agreement when she moved in.
.
And I just reviewed your previous question and remembered you are in Georgia so that changes the notice period for terminating a month to month tenancy. In GA you have to give a 60 day written notice if you wanted to go that route. So scratch the 30 days and replace it with 60 days in my comments above.

So you can go the 60 day route or the restraining order route or the failure to pay "rent" route. Restraining order would be quickest as it is almost immediate, followed by the late rent and eviction action.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23094
Experience: Attorney with 14 years experience
Barrister and 6 other Family Law Specialists are ready to help you

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