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My adult son has lived in my house for almost 2 years. For…

Customer Question
My adult son has...

My adult son has lived in my house for almost 2 years. For the first 16 months he had no job and paid no rent. I want him out of my house and he tells me I have to give him 30 days notice. There was never a written or verbal lease. I just thought he would be here 2 or 3 months, at the most.

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

I live in Marietta, 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?

Not sure what he/she needs to know. He has completely trashed the room in which he lives. He has no regard for my home or for me. I am 76 and don't need this stress.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/27/2017
Real Estate Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your situation and your son's behavior.

Has he paid rent for any of those months at all?

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

You mentioned that he did not pay rent for the first 16 months, I'm just wondering whether he has been paying rent in the last few months? (as that has implications for my answer) Thanks!

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Customer reply replied 4 months ago
He get a job in May and has paid since then, although due to illness he has missed 3 half months.
Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

Okay thanks for the additional information, give me just a few minutes to finish typing up my response, thanks!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

Since your son did pay rent for a few months, you will need to give him 60 days for the eviction.

The first step is writing him a letter of eviction.

Include the current date in the letter, your request for him to leave, the date he needs to leave by (60 days from the date of the letter).

You can then mail the letter to your son through certified mail, so that you have a dated record for the court when you seek an official eviction order, OR you can hand it to your son, but be sure to have him sign and date a copy that you keep.

If your son does not move out within the alotted time, then you'll need to go to the magistrate court in your county and file an affidavit with the court stating your name, your roommate's name and the reason you are evicting him. You must show proof that you asked your son to move out (the prior letter).

The magistrate will then issue a summons. Your county's sheriff will serve your son by handing him the summons, giving the summons to another adult at your home or attaching the summons to the front door and mailing a copy to the address. The summons gives your son seven days to leave before the sheriff will remove him.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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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.

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).

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