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I stay with a roommate and her mom owns the house. Can she…

I stay with a...

I stay with a roommate and her mom owns the house. Can she legally evict me if I've been there 2yrs and paying bills ?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All the bills are in my roommate name but we pay them jointly every month

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Answered in 5 minutes by:
9/18/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,989
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, she can legally evict you. Anyone who is not an owner of a house can be evicted (unless they fit within the rare situation of "adverse possession", which wouldn't apply here for a number of reasons, primarily being that the possession of the property by you has been permissive, and not near long enough to meet the threshold for adverse possession).

As such, the true owner could evict you from the property. Now if you don't have a written lease, the owner has to give you 60 days written notice to vacate. See Georgia law (O.C.G.A. §44-7-7) . If she tries to evict you sooner, you can file a counterclaim against her for wrongful eviction.

So while the owner can evict you, even though you've been there a long time, they do have to give you a couple months' notice prior to doing so.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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Customer reply replied 7 months ago
just to clear things up . So my roommate can legally evict me ?...or do the owner(her mom) has to do it?

Her mom would be the one to do it. Now if your roommate subletted her right to be on the property to you, the roommate could do it as well (as the roommate is acting as a landlord for a sublease). But that's always tricky, particularly if you're paying the mom directly, and ultimately if that is the case the mom would need to bring the case.

ScottyMacEsq
ScottyMacEsq, Attorney
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Satisfied Customers: 17,989
Experience: Licensed Texas General Practice Attorney
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