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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36195
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a lady that I let stay at my home temporarily for 3

Customer Question

I have a lady that I let stay at my home temporarily for 3 months because she stated that she was facing a hardship. I charged her minimal rent. After it appeared that she was not trying to look for her a place I gave her 30 days notice because I would like to go another direction and would like my home back. She refuses to leave now. I did not create a lease but had a verbal month agreement
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ga
JA: Has any paperwork been filed?
Customer: Not yet, that what I trying to find out what my next step is.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I dont feel comfortable with my home because she is trying to take over and disrespecting me in my own home.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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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If you have a verbal month to month tenancy agreement with this person, then you have to terminate it with a written 30 day notice. If you have given her a written 30 day notice and she hasn't vacated within that 30 days then you can evict her through the courts to get a judgment and a writ that the sheriff will execute to physically remove her.

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If she ignores the notice, and she very well may, then 32 days after you gave the written notice, you would have to file a formal eviction complaint called a "dispossessory warrant". Once you file the paperwork with the court clerk, the tenant 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 you both have to appear.

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At the hearing, you basically both tell your sides of the story. Since she is an at will tenant, she really has no defenses against the eviction so you will get a judgment. The judge can make the eviction order immediate so the Sheriff can physically remove her and her belongings immediately or can set some date in the future. Normally they will give the tenant a few days before you can have the Sheriff forcibly remove her.

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thanks

Barrister

Customer: replied 4 months ago.
I am uncomfortable with her my home she is disrespecting me to the fullest. Do you you know a faster way to get her out?is faster with state or federal cout
Expert:  Barrister replied 4 months ago.

This is strictly a state matter because it is a rental contract issue between a landlord and a tenant. The only faster way would be if she threatened you or physically assaulted you as then you could file for a restraining order and she would be forced to move out immediately.

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But other than that, if she refuses to leave, you are kind of stuck here until you get a legal eviction.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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thanks

Barrister

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