Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

My Mother in law allowed her niece and husband to move in 2

Customer Question
My Mother in law allowed...
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: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 7 minutes by:
2/16/2016
Lawyer: barristerinky, Attorney replied 1 year ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,522
Experience: Attorney over 17 years, landlord 26 years
Verified

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.

.

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.

.

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.

.

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)
.

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.

.

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.

.

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..

.

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...

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,522
39,522 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

39,522 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My landlord says I am in breech of my contact because of
My landlord says I am in breech of my contact because of mold and water damage,but I told the previous landlord who was their father, but he died a year ago...I have been living here since 2015 … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I live in NYC in an apartment. A neighbor who;s apartment
I live in NYC in an apartment. A neighbor who;s apartment backs up to mine is harrasing me. She has a device that make my recliner bed anything i my aprtment vibrate. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I moved into a new rental home on 1/6/18 and have not been
I moved into a new rental home on 1/6/18 and have not been able to flush a toilet, take showers or anything that involves water draining. The landlord was at first unresponsive until I told them the h… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a single mother of three that recieves housing
I am a single mother of three that recieves housing assistance through the housing choice voucner program. I was illegally evicted from a residence that I resided in for 11 years and due to the lack o… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son paid a pet deposit and pays a monthly pet fee for one
My son paid a pet deposit and pays a monthly pet fee for one small dog. The apartment manager said she Will not renew his lease unless he fixes some small damage to the the carpet and has the carpet c… read more
barristerinky
barristerinky
Attorney
39,522 satisfied customers
My current lease ends June 30m, 2018. I just received a
Hi, My current lease ends June 30m, 2018. I just received a notice from the rental office saying that if I do not renew my lease by April 30, 2018, they will automatically renew my lease at a rate of … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Im. I am a renter and the apt has horrible mold, the kitchen
I am a renter and the apt has horrible mold, the kitchen ceiling fell in and it took them a month to fix it. Do I have to pay full rent in those conditions? Can I break my lease since this is the 4th time the ceilings have fallen in? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
My daughter gave a 30 day notice of intent to vacate Jan.
My daughter gave a 30 day notice of intent to vacate Jan. 12, intending to move out on Feb. 12. She intended to pay portion of the rent for Feb. but her landlord's lawyer says she needs to pay the mon… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
I live in a brand new apartment building in Pennsylvania. I
I live in a brand new apartment building in Pennsylvania. I pay for parking in the parking garage. however I have since obtained a handicap parking permit. On my floor, there are 3 handicap residents.… read more
Lori
Lori
Juris Doctor
288 satisfied customers
I am having issues with an old roommate moving out and
I am having issues with an old roommate moving out and breaking our agreement and lease what do I do? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Afriend of mine, a 55 year old woman has been living in her
Afriend of mine, a 55 year old woman has been living in her moter's home since infancy. She has been a care giver for her mother, who is 89 years old. Three other siblings have taken the mother withou… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
How can the fire inspector kick me out of my house? The
Okay, so how can the fire inspector kick me out of my house? The police are no help, it got to the point that I called the mayor and he was very interested in what was going on. As I have had tenants … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
I have a water leak in one of my rentals that may require
I have a water leak in one of my rentals that may require the water to be off a few days, what are my responsibilities to the tenant? do I have to provide a place for them to stay during that time? I … read more
barristerinky
barristerinky
Attorney
39,522 satisfied customers
90% of my tenants owe me back rent, plus I have a lot of
Okay, 90% of my tenants owe me back rent, plus I have a lot of judgments on ones that didn't pay and moved out after being evicted for non payment it is an astonishing amount of money, the utilities a… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
Can a residential tenant breach or abandon a lease agreement
Can a residential tenant breach or abandon a lease agreement where the landlord fails to provide adequate lighting or adequate safety measures after reports of violence and sexual assault?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
My tenant has avacado trees in his front area of his home we
My tenant has avacado trees in his front area of his home we live in a culdesac with 10 cottages i manage and each home sitting close to their neighbors..the tenant has an issue with everything and se… read more
barristerinky
barristerinky
Attorney
39,522 satisfied customers
I live inn owned a business in Delaware, I have asked my
I live inn owned a business in Delaware, I have asked my landlord to fix the leake in the ceiling from the apartment upstairs and there was a leak in the roof this has gone on for over a year. He stil… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
I have an apartment which I rent to three tenants. There is
I have an apartment which I rent to three tenants. There is a no pets policy which one of the tenants has broken. Can i terminate just that persons lease? She has also been abusive to the other tenant… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x