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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33726
Experience:  Attorney for over 15 years, landlord 26 years
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My Mother in law allowed her niece and husband to move in 2

Customer Question

My Mother in law allowed her niece and husband to move in for a 2 month period. There was no discussion about rent or payment for staying. In those two months the husband lost his job and they have giving her money for expenses, but never for rent. So my mother n law wants them to leave because she is on a fixed income and her light, water, gas bills are exceeding the money she can afford to pay her bills. Is an eviction necessary or can she just call the police to have them put out? They have mail coming to her house if that is important. What does she do at this point?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately if they have lived there for over a brief period of time, (typically a few days) then they will have gained the legal rights of a month to month tenant under an oral tenancy agreement. This is especially true if they moved in their personal belongings and are getting their mail there.

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I hate to say it, but they are right and mother in law (MIL) has to give them a 60 day written notice to terminate their tenancy and then can evict if they don't vacate after that time expires.

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This would be considered an oral "tenancy at will" that under GA law could be terminated by MIL by delivering a 60 day written notice stating that she is legally terminating the tenancy. (Code 44-7-7 of the Georgia Landlord Tenant Law)
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If they ignores this, and they very well may, then on day 61, she would have to file a formal eviction complaint called a "dispossessory warrant". Once she files the paperwork with the court clerk, they will be served with it by the Sheriff. They will then have 7 days to respond to it. If they file an answer, the court clerk will then notice both sides of the date of the hearing and both MIL and them have to appear.

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At the hearing, they basically both tell their sides of the story. Since they are at will tenants, they really have no defenses against the eviction so MIL will get a judgment. The judge can make the eviction order immediate so the Sheriff can physically remove them and their belongings immediately or can set some date in the future. Normally they will give the tenant a few days before MIL can have the Sheriff throw them out.

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I really hate it when someone does something nice like this and it ends up biting them.. But at least she now knows the true character of niece and her husband..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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