My roommates have been with me for at least 3 months now, have never paid rent, nor have they paid utilities. I have asked them several times to leave and they agreed that they would be gone by April 15. It is now April 17 and they have informed me that they are not leaving and if I want them to leave I will have to get them an eviction notice. They are not on the lease nor are any of the utilities in their names. They had made an agreement (written, I must add) with the landlord that they would be out by April 15. That agreement was written and agreed upon almost a month ago. If they are not paying rent, are not on the lease agreement, and have agreed to leave by a certain date, do I still have to get an eviction notice if they change their minds and decide not to leave?

If it makes it easier I live in Jackson County, in Georgia. I know it varies by state, I'm just not sure if it's also by county.

Even though they have not paid rent and are not on the lease, they have established residency and have to be treated as tenants. Since they are not on the lease your landlord has nothing to do with this. You have sublet to them so you are the sublandlord and they are subtenants. You have to give them a written notice that their tenancy is terminated and they must vacate the property immediately.

The following was taken from http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

"What must a landlord do to evict a tenant?
Before contacting the court to begin eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant. First, before filing a dispossessory action, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's agent or attorney may go to the magistrate court and file a dispossessory affidavit under oath. The affidavit states:
* The name of the landlord,
* The name of the tenant,
* The reason the tenant is being removed,
* Verifies that the landlord has demanded possession of the property and has been refused, and
* The amount of rent or other money owed, if any.
* The reason the tenant is being removed,
* Verifies that the landlord has demanded possession of the property and has been refused, and
* The amount of rent or other money owed, if any."

Lisa is correct and the agreement they have with the LL is meaningless. They have no lease or rental agreement with the LL so they have no legal standing with him. In this case you are their LL and must evict following the law.However, be aware that you can't evict someone for no reason. If, for example, you say they did not pay rent, what would you do if they offered to pay.I would consider a notice to vacate but that would allow them 60days of continued use of the property.

My biggest issue is I, too, have a written consent that they would be out by April 15, with both their signatures as well as mine. Also, they refuse to get jobs, and have never offered to pay. I also have a written agreement from when they moved in that stated they would try to find jobs and if they did not have one by April 1 they had to move. There has been no attempt to find a job nor do either of them have one. That agreement was also signed and dated by myself and them. I'm trying to get them out without having to take it to court, but it seems that is going to be the only way to get them to leave.

When they started not paying months ago is when you should have given them notice.
So forget any agreement and follow the law giving them notice to be out. If they don't go, you file in court for an eviction.

A notice to vacate does not require a trip to court.

What would I need to do in order to get a notice to vacate?

When they moved in they were not paying rent. I took them in because they were friends of mine that were down on their luck at the moment and literally had no place to pay their head. It was the end of January, almost February, and they had been sleeping in a recreational park underneath a set of bleachers. I felt terrible because they were my friends and agreed to let them stay on the conditions that they had to find jobs and obey the rules of my home. As I said earlier, they haven't attempted to find jobs and have disrespected my home by breaking my rules. It's gotten to the point to where I don't want to go to my own home because of the amount of people they have there continually. Also, I can't deal with the drugs or the partying they continue to do. I'm a quiet person and live in a quiet community. My neighbors have already complained to me about the amount of people in and out of my home and the noise level. The complaints are getting so frequent that I'm worried one of them are going to call the police. With that being said, I don't want to be home when they come to the door and the roommates have drugs in my home. I'm at the end of my rope. I've even considered turning the utilities off and start going to my parents home to do the necessities hoping that will make them leave.

You can download from here Georgia Notice to Vacate (http://www.trexglobal.com/forms/georgia-notice-to-vacate) DO NOT TURN OFF the utilities, that is illegal in Georgia and most states. They are residents and could go after you for wrongful or false eviction by turning off anything.

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The following was taken from http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf
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If you read the discussion to which Lisa linked, you might consider whether the Room mates constitute "borders", because in that case a shorter notice period is required.

Based on the information that I read on the difference in a boarder and a tenant, I believe they would be considered boarder.

* Does the written agreement refer to itself as a lease and to payments as rent; no
* The length of time you have lived at the residence; 2 months
* Whether the room is the only residence you have; yes
* Whether you are residing there temporarily or for a long period of time; temporarily
* How often you pay rent: if you pay daily, you are likely a guest or boarder; not at all
* Whether services such as linen service, switchboard service and maid service are provided; no
* Whether you own the furnishings in the room; * Does the written agreement refer to itself as a lease and to payments as rent;
* The length of time you have lived at the residence;
* Whether the room is the only residence you have;
* Whether you are residing there temporarily or for a long period of time;
* How often you pay rent: if you pay daily, you are likely a guest or boarder;
* Whether services such as linen service, switchboard service and maid service are provided;
* Whether you own the furnishings in the room; no
* Whether the amount you pay includes tax; they don't pay anything
* Whether the person you pay has a business license. no


Based on the information I have provided, would they be considered boarders or tenants?

What would I need to do in order to get a notice to vacate?


You don't "get" a notice to vacate, you give one. The problem you have is that the notice to give a boarder depends on the period they pay rent for. But since there is no agreement to pay rent you have an issue.

There is a saying "no good deed goes unpunished", that's what is happening. You thought you were being nice but are now being taken advantage of. You should have researched this much sooner.

I would suggest you give them a written notice (see the link ballenger gave you) to vacate within 2 weeks or you will file for eviction. As soon as the deadline expires, you go to court and file for an eviction order.

However, if there is any law breaking, call the police.

I did give them a notice to vacate yesterday evening when I rturned home from work. They tore it up in my face and told me that wasn't going to work, if I want them gone I have to get an eviction notice. I called our local police department and they told me that technically they do not live there without their name on the lease, nothing in the house being in there name, and they have never paid anything. At this point they are guests that refuse to leave. I gave them until Friday, and if they aren't gone by then one of our local officers are going to escort them out of my home. They said because I already had an agreement with them that they had to leave by April 1 and they acknowledged that agreement that they only had 30 days from the time they acknowledged it. I'm not sure if that's accurate, but it gets them out of my house.

I believe the police are wrong. I would not trust them to know civil law. The police deal in criminal issues, not civil. And I do not believe the police will escort them out. And even if they do, this might open you up for a suit for an illegal eviction. These people seem to have researched the law and are expecting you to do something illegal that they can sue you for. You need to follow the letter of the law to make sure they can't do that.


They are right, you have to get an eviction order. But you have to do it right. When they tore up the notice, and said you have to get an eviction order, you should have said; "Yes I know, but this notice is the first step". If you are not out by the deadline, I will be going to court".

The only question in my mind, is whether the previous agreement to be out by April 1 qualifies as notice. I think it may, so I would go down to court tomorrow and file for an eviction order based on them staying past the time agreed upon for them to leave.

I did give them a notice to vacate yesterday evening when I rturned home from work. They tore it up in my face and told me that wasn't going to work, ...

I hope you kept a copy of it.


I believe the police are wrong. I would not trust them to know civil law. The police deal in criminal issues, not civil. And I do not believe the police will escort them out. And even if they do, this might open you up for a suit for an illegal eviction. ...

If OP can talk the police into kicking them out, I believe that will work. If the room mates were to sue for this, OP will have a valid defense, in my opinion, that the police, if anyone, are the only ones to sue. Is asking the police for assistance something one can be sued for? I really don't think so.

Let me illustrate using an extreme example:

I wake up at 4:00 in the morning because someone is making loud noises in my front yard. I call the police and, after describing the problem, ask the dispatcher "can't you do anything about this?" The dispatcher says "sure," and sends a cop, who overzealously shoots the loudmouth, dead.
Am I responsible? I think not.

I did keep a copy for myself. That I made sure of, just in case. I'm hoping that the first notice I gave them in March is enough to get them out of my house. The one I gave them yesterday would be the third time I've given them a written notice that they had to leave. I also have a letter the male roommate wrote and left by my door yesterday morning so I would see it when I went to work. In his letter he told me that he wasn't leaving and if I wanted him to leave I was going to have to physically remove him. He also stated "and if you gonna do that you might wanna gain some weight or you gonna get your little a** beat." He also wrote in that letter that "if you think you big and bad enough to get me out the house, I'ma show you how big and bad my boys are when we take that b***h to the ground." With that being said, if I do have to call our police department to send an officer to my residence, could I show them all the notices I have as well as the letter the roommate wrote me? I was sure to keep copies of everything once I realized it was going to be a struggle getting them to leave.

Given the physical threat in that letter, it might be enough. I would still want to play it safe. I would still go the courthouse tomorrow and talk to the court clerk and see how quickly you can get a hearing. If you can't get one within the next week, then take a copy of that letter to the police and show it to them saying you fear for your physical well being and ask for their help.

...He also stated "and if you gonna do that you might wanna gain some weight or you gonna get your little a** beat." He also wrote in that letter that "if you think you big and bad enough to get me out the house, I'ma show you how big and bad my boys are when we take that b***h to the ground." With that being said, if I do have to call our police department to send an officer to my residence, could I show them all the notices I have as well as the letter the roommate wrote me? I was sure to keep copies of everything once I realized it was going to be a struggle getting them to leave.

You might want to look into the possibility of getting a domestic violence restraining order (or whatever they call it in your jurisdiciton) against them, ordering them out of the house. That can work lots more quickly, if the facts justify it.

You might want to look into the possibility of getting a domestic violence restraining order (or whatever they call it in your jurisdiciton) against them, ordering them out of the house. That can work lots more quickly, if the facts justify it.

That might be my best bet. I've got a folder with everything still in it. They are supposed to have everything out of my house by tomorrow so I'll try that if they don't.

Have a locksmith on standby. As soon as they are out and turn over their keys have the locksmith in and change all the locks.

I've already gotten new locks for both the front and the back door so I'm going to change them myself, just in case they made copies of the key.I've already spoken with the landlord and she said that was all right, as long as I gave her a copy of the keys as well.

Based on the information that I read on the difference in a boarder and a tenant, I believe they would be considered boarder.
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Based on the information I have provided, would they be considered boarders or tenants?



Keep in mind: this "border" exception is written for hotels and rooming houses, as opposed to rental of a house or apartment. It's a fairly obsolete concept. Often obsolete concepts remain in the statute books, and on the other hand modern lifestyles aren't adequately addressed in the statutes.

Case in point: kicking out of roommates. I happen to be of the opinion that provisions in the land-lord tenant acts for the several states which prohibit self-help "ouster" of tenants, probably don't apply with respect to unwelcome houseguests. However most of the experts on this forum disagree with me. You should hope that the judge agrees with me, but I cannot guarantee it.

Here is how I would analyze the information you have given:
* Does the written agreement refer to itself as a lease and to payments as rent; no ---in a hotel it wouldn't be called "rent" probably.
* The length of time you have lived at the residence; 2 months--- sort of a long period for a hotel, wouldn't you agree?
* Whether the room is the only residence you have; yes --- in other words, you are not in the business of taking in guests.
* Whether you are residing there temporarily or for a long period of time; temporarily --- Same as above question about the length of time
* How often you pay rent: if you pay daily, you are likely a guest or boarder; not at all --- doesn't apply.
* Whether services such as linen service, switchboard service and maid service are provided; no-- - thus not a hotel. :)
...
* Whether you own the furnishings in the room; no --- Well, that is typical of a hotel situation.
* Whether the amount you pay includes tax; they don't pay anything--- so not applicable.
* Whether the person you pay has a business license. no --- indicates that you're not a hotel or bording house.

On the basis of all of this, I'm afraid it doesn't look like they are borders. Sorry.