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Georgia Peach · Jun 26, 2007, 02:00 AM

COLOR="Red"]I really hope someone out there can respond to this question tonight. Tomorrow is going to be hell. Relevant parts in red (sorry I tend to build a clock if you were to ask me the time!)

My husband of 15 years (no children) died unexpectedly shortly after relocating from the home in Atlanta I've always known. He left me financially stable. I met someone that was his complete opposite and thought I had re-discovered my true self. He moved in around the end of May 2006 with his 13 year-old daughter. I wanted to give and teach her that there are opportunities out there but she had to work for them. This is the first time she had ever had any discipline/responsibilty/chores in her life. Anyway, to make a long story short, I thought she was really getting into the upper-middle class lifestyle------then I caught her shoplifting. She decided she wanted to move back home (21/2 hrs. away) with her drunk, low-life mom. That is when the trouble started. I could go on and on;

but the point is my relationship with this man that I thought was my life-partner (no plans for marriage) started going south.

I supported him for almost 6 months until he moved South to live in my home. He does not pay rent, there has never even been a discussion re: that. He contributes in ways that save me money on repairmen. All that aside, no written agreement, no verbal agreement, and I want him gone. I have given him a deadline and moved him into a guest room but he shows no signs of preparing to move. He will not talk to me. Do I have to give written notice when there was never any contract, verbal or otherwise. July 7th is when I told him to be out.

Any advice would help. I live in GA and have searched all night (even in LexisNexis) and cannot find an answer.

Thanks,

Staci

ballengerb1 · Jun 26, 2007, 08:31 AM

You have allowed him to become a legal resident of your home, lease or not. You must give him 30 days notice in writing that you are evictiong him. If you are lucky he won't know this and might move out this weekend.

ScottGem · Jun 26, 2007, 09:02 AM

There is a fine line here between tenant and trespasser. I believe this person is a trespasser. I would still give him a reasonable notice and tell him that if he is not out you move his belongings into a storage facility.

ballengerb1 · Jun 26, 2007, 09:12 AM

I would agree the line is not clear but this guy was invited to move in with his daughter. The realationship soured but that doesn't change the fact that he was invited in. After a certain number of days pass he is legally a resident and has been for over a year. He should be treated like a tenant on a month to month lease, give 30 days in writing. Either that or start drinking beer and eating hard boiled eggs all day.

stefani1 · Jun 26, 2007, 10:26 AM

Hahaha friggin hilarious! ;)

Originally Posted by ballengerb1

I would agree the line is not clear but this guy was invited to move in with his daughter. The realationship soured but that doesn't change the fact that he was invited in. After a certain number of days pass he is legally a resident and has been for over a year. He should be treated like a tenant on a month to month lease, give 30 days in writing. Either that or start drinking beer and eating hard boiled eggs all day.

stefani1 · Jun 26, 2007, 10:27 AM

I think you really need to speak with him and let him know what is going on. He will probabyl stick around until he is forced out. I agree give him the 30 day notice and if he is not out then contact the authorities and give them the story. They should be able to give you some type of help.

Georgia Peach · Jun 26, 2007, 05:17 PM

I tried again this morning to talk to him. He sees things his way and is not even open for discussion to try to save our relationship. He says he is moving out this weekend. I am having a locksmith come in the morning and re-key all my locks. Brian will not be able to enter this house unless I am here. He will not get a key. The locksmith told me he coud make all but mine on square blanks that say do not duplicate on them. Now, should he get a key and go to WalMart or wherever they might not honr this, but at least he might not know and therefore would not try. The only other way is to change out all locks, an expensive option since I have 6 exterior doors. I figured I would play to his ignorance and he probably won't try. He's got a rude awakening when he gets home from work tomorrow!

Thanks for all your support..
-Staci

ballengerb1 · Jun 26, 2007, 05:32 PM

Hey Staci, back to my original thought that maybe Brian won't know that you must give a 30 day notice and move out on his own. Sounds like that's his plan for this weekend so I'd let it go until then. If I am correct (I am) about the 30 day notice and you change the locks on him you could be putting yourself in legal jeopardy.

Georgia Peach · Jun 26, 2007, 05:51 PM

Thanks, but I'm willing to take that risk. It will make me feel better knowing he cannot come into this home without me present. Also, sometimes a little revenge goes a long way in accepting the inevitable! He won't call the police and if he does, my late husband was City Manager and over all departments. The chief will support me in any way he can without putting himself or his position in jeopardy.

ScottGem · Jun 27, 2007, 07:18 AM

I was going to agree with ball, that you should wait until after the weekend since he's indicated that he will move then. I'm still inclined to advise that. Even with your connections to the city depts, he can still go outside the jurisdiction and sue you.

What I would do if you do lock him out is pack a bag for him and make a reservation at a local motel or hotel. Hand him the bag with the motel address. Tell him to call you to arrange a time to pick up the rest of his things.

stefani1 · Jun 27, 2007, 10:22 AM

I think that this all too much accommodation for this person who in fact does not accommodate Georgia peach's needs at all! I think there has been sufficient time and effort from her to give him enough time to pack up and find somewhere else to stay. Its your place and you have the right to kick him out at your will. If you don't want to wait the 30 days thinking that he willnot comply even then, then just change the locks and do it that way. It might be a bit expensive, yes, but defenitely worth it. If he would go as far as to go behind your back and try to make a copy of the key then this is overstepping his boundaries as a tenant. Do what you got to do man. Lol. Good luck to you.

ScottGem · Jun 27, 2007, 10:32 AM

Originally Posted by stefani1

I think that this all too much accomodation for this person who in fact does not accomodate Georgia peach's needs at all! I think there has been sufficient time and effort from her to give him enough time to pack up and find somewhere else to stay. Its your place and you have the right to kick him out at your will.

Unfortunately that's not entirely true. While I agree with most of it, there are constraints against just putting someone out on the street. The issue is more of protecting oneself against being dragged into court because you overstepped those constraints. I would try not to leave an opening for someone to sue me.

stefani1 · Jun 28, 2007, 10:21 AM

I guess I just don't understand how she could get sued if its her house and he does not pay her rent. I would think she has the will to do what she feels needs to be done.

ScottGem · Jun 28, 2007, 10:34 AM

Originally Posted by stefani1

I guess I just dont understand how she could get sued if its her house and he does not pay her rent. I would think she has the will to do what she feels needs to be done.

Even trespassers have rights. The fact that he established residence over a period and did contribute to the household even if it wasn't by direct payment, afford him some rights. You also can't deny someone access to their personal property.