[ann31023]

Yes my rent was due on the first and my landloud said that if I don't pay rent on Friday that he is kicking me out can he can do that??

[joypulv]

Not on Friday, but he can start eviction. What state, and what kind of lease do you have?

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area.

When you don't pay your rent on time the landlord has to go through a specific process. This process varies by area but it generally works like this:
1) serve a 3-10 day pay or quit notice. The time frame varies by local law. You then have that amount of time to pay in full, including any late fees, or vacate
2) If you don't vacate within the deadline, the LL then goes to the local courts and files for an eviction order. This involves a hearing. At the hearing if you still haven't paid the court issues an order to vacate.
3) if you still don't leave, the LL hires a sheriff to physically remove you and your belongings.

[ann31023]

I live in ga.. we don't have a lease.. we didn't sign anything

[ballengerb1]

He then must follow the GA laws regarding eviction. Georgia Evictions

[ITstudent2006]

A lease holds you accountable just the same as it hols the landloard accountable.

If your landlords owns the house he can kick you out at anytime if there was no lease. You're viewed as a guest.

(I may be incorrect, but that was my impression)

[ScottGem]

i live in ga .. we dont have a lease.. we didnt sign anything

Are you staying in a room in their house or renting the house or an apartment? How long have you been there? It is not necessary to have a signed lease to be considered a tenant and therefore the landlord would have to follow the law. So we need to know more details about your residency to confirm that you qualify as a tenant. Please use the Answer options at the bottom (not Comments) to add more info.

Assuming you do qualify as a tenant, check out the link to the eviction process that was posted so you know what your rights are.

[AK lawyer]

...
If your landlords owns the house he can kick you out at anytime if there was no lease. You're viewed as a guest.

(I may be incorrect, but that was my impression)

And in this case, you happen to be incorrect.

• a tenant is not viewed a guest, even in the absence of a lease, but has certain rights according to the state's landlord-tenant statute.
• The LL cannot normally "kick" a tenant out "anytime" without first giving due notice and then going to court, as ScottGem has explained.

[ITstudent2006]

THanks for the clarification.

One question though, what differentiates a guest and a tenant? If there's no contract of payment, lenth of residency, etc... how can they be considered a tenant?

[ballengerb1]

IT this article may help Guests Who Stay Too Long, Are They Tenants?.

[ScottGem]

THanks for the clarification.

One question though, what differentiates a guest and a tenant? If there's no contract of payment, lenth of residency, etc... how can they be considered a tenant?

The key is what is considered residency and it varies by locale. But basically, if it can be shown that the location is the person's primary place of residence, then they are not a guest. Getting mail, length of residency, location of belongings and other factors can all point towards residency.

The real problem here is, if you try removing a resident without going through the proper process, you open yourself up for an illegal eviction suit. So a property owner is well advised to err on the side of caution in determining whether to treat someone as a resident.

[ann31023]

OK well me and my boyfriend moved in this place a couple of month ago and we didn't sign a lease and I told him that we woud be late with the rent but we are going to pay.. but when me moved we couldn't cook for a about 3 weeks because the stove and one side of the house the lights didn't work and it take me two weeks to get him to fix it.. he didn't want to fix the promble but he did.. and the other night it rain and my son got up in the middle of the night to go to the bathroom and h fell because there was water everywhere because the water from the rain was coming in through the roof and I told him about that.. I'm going to pay the rent money its just going to be late but he said that if I don't pay by tomorrow he is going to kick us out...

[ScottGem]

We have already told you he can't do that!

However, what have you done about these problems? Just as there is a process for evictions, there is a process for reporting and dealing with such things. This site may help you Lanlord-TenantHanbook

[ballengerb1]

From what you have told us I'd be fine with him kicking me out. I would have had a place for a month without paying and the place is a mess and I'd want to move away from this LL and bad home. Fact remaining, he can't just kick you out and if he did something forcibly he'd be breaking the law and you could sue him. If he gives you a letter to vacate that woyuld be the first step of an actual eviction process which can easily take another month.

[ann31023]

Thanks everyone