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samwilliams33 · Sep 25, 2009, 07:36 AM

Hello,
I moved in with my ex-girlfriend about 3 months ago. I asked to rent her basement for 3 months. We never signed any agreements. Since my 3 months is about up she is now asking me to leave. I've had some difficulties during the 3 months which used all my cash.
I need to know can I just be thrown out on the street or do I need to be evicted through the courts. I live in DeKalb County, Ga

parkerbenson · Sep 25, 2009, 07:43 AM

The term of your agreement is up, tough question, if I were you I'd move out and crash on a friend's couch... hit craigslist and look for couch surfing opportunities also. It might depend on whether your state treats and defines transient tenancies differently than normal tenancies, because your agreement was intended to be temporary, for a specific duration, she might be able to kick you out with police assistance, it can work that way in Florida depending on how the agreement was handled and the rental was licensed. If nothing is in writing, she could just say you are her ex-boyfriend and you are trespassing and harassing her. She could accuse you of assault and get you arrested. I'd get out of there unless she's nice enough to be nice to you.

samwilliams33 · Sep 25, 2009, 09:00 AM

parkerbenson,
I want to move, but as I said some issues that came about during my 3 months exhausted cash such as Car breaking down etc.. I'm sure with a couple more weeks I'd be OK to move. You are correct I do want to get out as soon as possible to avoid any problems. Your reply is scary, can I be falsely accused?

parkerbenson · Sep 25, 2009, 10:32 AM

I didn't mean to scare you, but a woman can always accuse you of anything; I had a friend who went through this, his wife threatened to file false charges against him to get him in trouble, he actually left his own home and lived at his mother's house until he gave her money to get her own place and got things smoothed over. Depending on your state's laws, it can be scary. If your ex is nice, just ask her if you can have a couple more weeks and try to work it out nicely, I don't have enough info to say whether she could call the police and get you kicked out, the rental agreement is your word against hers and it's her place; do you have cancelled checks for rent or did you pay her in cash.

parkerbenson · Sep 25, 2009, 10:35 AM

Marty Nemko: "ONE MILLION People Falsely Accused of Domestic Violence EACH YEAR"

It happens, I didn't mean to scare you though.

stevetcg · Sep 25, 2009, 01:52 PM

While she cannot just change the locks, she can go to court and have you legally evicted with little trouble or fanfare. By law she needs to serve you with 30 days notice (15 or 60 in some states... ) at which point she goes to court and files for eviction. You are then ordered out by the court and it is enforced by the local sheriff/magistrate/police department within a few days.

How adamantly does she want you out? Have you asked for a little more time?