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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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How do you get someone out of your house who refuses to mo

Resolved Question:

How do you get someone out of your house who refuses to move?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

It depends on how this person was there in the first place. Can you please tell me more about:

(1) who the person you are trying to throw out is?

(2) does this person pay rent or is the person on a lease?

(3) why do you want the person to move out?

(4) do you own the house?
Customer: replied 1 year ago.
The person is my x and his daughter. He does not pay rent. We were divorced march7 2013. Judge gave him 45 days to move which he did move but a lot of his things were still here. Whoever he was living with left him and he couldn't afford the place by himself. He came burying that him and his daughter were homeless and I couldn't see here in shelters or whatever and let them come back. I'm trying to move on with my life and I must cant do it any more. I feel like the stupidest person for ever letting him stay again.
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

You have two options. You can file an eviction action, or you can go back to the divorce court and ask for a contempt order from the court to have him removed from you house.

The quickest way is to go to the family court and ask for a contempt order for violation of the Divorce Decree.

It is most likely cheaper to simply do an eviction action.

You would do this by first sending him a written notice (since he is in your house you simply hand it to him), telling him that he is being evicted and must leave immediately or you will file a suit against him in court.

The next step in the Georgia eviction process requires the property owner to file a dispossessory warrant with the magistrate court. The affidavit includes the names of the tenant (him) and landlord (you), the reason for the eviction (he was ordered out by the family court - show the magistrate the order), verification of the demand and the amount of the rent owed plus the cost of the affidavit. The magistrate will have a summons served on the tenant within one to seven days. Tenants have an opportunity to pay the landlord the owed rent and costs to file the dispossessory warrant once in a 12-month period. The landlord cannot refuse payment from a tenant, but it must be made within seven days.

The tenant has the right to answer the summons. The tenant's answer must state the reasons that the landlord does not have the right to legally evict him from the property. The summons provides seven days to answer. Once the tenant answers the summons, the court schedules a date for a hearing.

When a tenant fails to answer a summons, the court issues a writ of possession, which schedules the eviction between two and seven days after it is ordered. The property owner can file for a writ of possession with the magistrate at the time of the expiration of the dispossessory warrant. A writ of possession is ordered when a hearing is in favor of the landlord, as well. The tenant will have 10 days, after the judgment is entered, to vacate the property. The landlord must remove the tenant's belongings with a sheriff's marshall present.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Zachary replied 1 year ago.
Hi,

If you need further information, please just simply press reply and let me know what other information you are looking for.

What part of your question do you need more information about?
Customer: replied 1 year ago.
My fault he doesn't pay rent. He was only suppose to be here couple week it's almost a month and my life is living hell.
Expert:  Zachary replied 1 year ago.
Hi,

I think you are misunderstanding the situation. When someone is living in your house and you want them out because they no longer have your permission to live there, you have to get an order from the court to remove them. The easiest way to do that is to evict them. You don't have to prove to the court that he is not paying rent, all you have to show the court is that the divorce decree ordered him out and he is not out so you want him evicted (i.e, the court to issue you a writ of possession).

You can either do this, or you can apply to the family court (the court which granted the divorce) for a writ of possession as well, but this may be more expensive as you might need a lawyer to do it.

Does that make sense?
Customer: replied 1 year ago.
Even with me letting him back in the court order will hold up?
Expert:  Zachary replied 1 year ago.
Yes. He was ordered out, and just because you let him back in does not mean that the court order is not still in effect. He has no legal right to be in the house anymore, as you were awarded possession of the house by the court through the divorce decree. Accordingly, he must leave or face eviction by court order.

The only problem is that if he won't agree to leave, you need a writ of possession (which you get by the methods I describe earlier). The writ of possession is the order to the sheriff to come to the house and physically remove him.
Customer: replied 1 year ago.
Thank you so very much sir
Expert:  Zachary replied 1 year ago.
I'm glad to be able to help you and I hope you are able to resolve this situation quickly and move on with your life.

Please don't forget to rate my answer positively!

Thanks and good luck,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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