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My daughter and daughter 16 and son 12 years. They were

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My daughter and daughter 16...
My daughter and daughter 16 and son 12 years. They were living in m home for over 3 years. My daughter has made my life unbearable. I am now suffering from severe stress and sleeplessness. She is abusive and refuses to adhere to the customs o my home. What can I do to I have to do legally to have her vacate as early as possible?
Thank you
Submitted: 2 years ago.Category: Family Law
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12/2/2015
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry for your situation. She is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed. Georgia does not even require a notice to quit prior to filing an eviction for a tenant at sufferance under Georgia's Statutes (Chapter 29). However, it is a good idea to do so, giving them a few days or more to leave voluntarily so as to possibly avoid an eviction.

If she is harassing/threatening/hurting you, then there is a faster way to get her out. Let me know if you need information on this.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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Family Lawyer: Ely, Counselor at Law replied 2 years ago

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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