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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55473
Experience:  Attorney with 29 years of experience.
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I live in Georgie and have been living with my fiancé for

Customer Question

I live in Georgie and have been living with my fiancé for over two months. My two daughters also reside in the home. He has decided to end the relationship and wants us to leave immediately. Do I have any rights? Do I have to leave today or does he have to give me notice and 30 days to leave?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: It's in Georgia.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Legal
Expert:  Richard replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

He can want you to leave immediately all he wants, but he has no legal basis for his position. When there is no lease and whether or not you are paying rent, you are legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under Georgia law, he must give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow him to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 7-Day Notice to quit...which basically says you have 7 days to leave or face eviction. But, if you still don't leave, he must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. So, if he wants you out immediately or sooner than what the law allows, he's going to have to pay you enough money to result in you leaving voluntarily.

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