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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36240
Experience:  Attorney over 16 years, landlord 26 years
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I am staying in the residence as a tenant/roommate with friends

Customer Question

I am staying in the residence as a tenant/roommate with friends the person who is on the lease just yesterday gave thirty days notice and told me who is mot on the lease and is claiming they are giving in the keys which they are telling me means i have to leave when they leave. I have been a resident in this apartment for six months and came in under a no pay needed agreement as they were financially able to keep the residence. Even though they are turning in the keys do i have to vacate if the rent is paid. I am unable to find a new residence that quickly and would be homeless. I am located in georgia
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try to help..No, you wouldn't have to vacate the property when the legal tenant does. The landlord would have to pursue a formal legal eviction of anyone remaining on the property after the legal tenant leaves in order to obtain legal and physical possession of the property back if rent was unpaid. If the rent is paid, then the landlord can't start any eviction action until the rent is due and unpaid or some other breach of the lease occurs...thanksBarrister
Customer: replied 2 years ago.
And is that regardless of if my name is ***** ***** lease or not
Expert:  barristerinky replied 2 years ago.
Correct, by living there and establishing that as your residence, you have legally acquired the rights of a tenant even if you aren't on the written lease. So the landlord would have to treat you the same as the actual legal tenant with regard to any eviction....thanksBarrister

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