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    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #21

    Sep 9, 2010, 03:04 PM
    Quote Originally Posted by kalliereann View Post
    After consulting Atlanta Legal Aid Society, they confirmed that serving a guest with a legal eviction can indeed turn them into a tenant, thus prolonging the time it takes for them to actually leave.

    How do we know she will not go on her own?
    Why not talk to her first and give her a date to leave?
    You could potentially avoid fees.

    Rental Property Management and the Law

    No one said anything about evicting a guest - "we" are talking about evicting a tenant. Ask Legal Aid about that angle and let us know what they say.

    Moderator - !
    kalliereann's Avatar
    kalliereann Posts: 21, Reputation: 3
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    #22

    Sep 9, 2010, 03:15 PM
    Comment on kalliereann's post
    Please refer to the link I posted, which defines what the court deems as a tenant in Georgia.
    I previously ran across a website stating that the courts may decide that a guest is actually a tenant if they contribute to the household, including food.
    kalliereann's Avatar
    kalliereann Posts: 21, Reputation: 3
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    #23

    Sep 10, 2010, 04:45 PM
    Comment on ballengerb1's post
    The site you provided gives information to the contrary. Please read the GEORGIA STATE definition of a tenant: http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/rntlpropmgmt.html
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #24

    Sep 11, 2010, 06:47 AM

    Comments on this post
    kalliereann disagrees : GUEST is not a tenant according to outlines provided by Georgia law.

    First, may I call your attention to the guidelines for using the comments feature found here:

    https://www.askmehelpdesk.com/feedba...ure-24951.html

    By your own admission there are times when a guest may be considered a tenant including circumstances mentioned by the OP. Therefore, giving a negative comment was inappropriate.

    Also, It was made clear to the OP that she should ask the person to leave. Only if she refuses does she need to pursue legal action.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #25

    Sep 11, 2010, 10:56 AM

    First I live in GA, Second I worked for years here in law enforcement Third, I own many rental properties and have worked with evictions in Ga "alot" ( too much)


    A guest becauses a tenant at a vague point and time. First it does help show the point if they receive mail at that location. If they have paid any bills at that location.

    But there is no one firm answer as if it is one week of staying or two weeks of staying.

    In general first the police in GA will not remove someone if they have been living at that address and have property at that address. *** if you illegally lock them out, the police will go with them to get their property and/or to force you to allow them back onto the property, if they can prove some legal of legal status.

    Normally if there was some verbal agreement as to allowing them to stay ( verus being a guest for a couple of days) makes the difference.

    Thus the real issue, even if they were their a week, and perhaps not legally a resident, the police will not do anything, so you are going to have to evict them as if they were a resident because there is no other way to get them out.

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