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AmyTan · Feb 28, 2012, 08:53 AM

We have someone we want to get rid of who is not on the lease here in Dekalb County. She has been here for almost a month. Do we need to go to the court house and do paperwork to give her a 30 day notice or something? Please help.

Fr_Chuck · Feb 28, 2012, 09:07 AM

Is this Georgia, or Dekalb County in some other state ? But how did they get there? What was the agreement when they moved in?
In general yes you give them a written 30 day notice and if they don't move then you file for eviction in court.

ScottGem · Feb 28, 2012, 10:01 AM

Agreed, the conditions of her living there are key to answering you. Since it is less than a month, you may be able to just aske her to move immediately. If she refuses, however, your safest bet is to go through the eviction process.

AmyTan · Feb 28, 2012, 10:11 AM

Dekalb County in Georgia. She heard about us on craigs list. The owner didn't even know she was there... we have 5 months left on the lease and she said she wouldn't stay the whole 5 months but would shoot for maybe 4.

If I give her one month and then she keeps staying,will it take another month to evict? Can I do paperwork right now so she has to leave in a month? Thanks

AmyTan · Feb 28, 2012, 10:14 AM

A police officer told me I need to go to a dekalb court house to do some form of paperwork so the individual must leave after a month. If that is true, I need to know what paperwork must be done.

ScottGem · Feb 28, 2012, 11:36 AM

Ok, since a landlord/tenant relationship was established, then you have to go through the eviction process. The county courthouse can give you info about the exact process.

AmyTan · Feb 28, 2012, 02:31 PM

Thanks!

The county Court house was helpful with everything... but they would not tell me (for legal reasons they said) what is the total number of days to give in the notice before termination. They said I would have to look it up on the internet or contact someone who may know. They said its on the internet but I can not find it... This is if there was never a lease "to begin with" and the person has been there for about 4 weeks. I know that if you have a lease and it runs out then the month to month notice after that year lease runs out is 2 months. It can't be two months for my situation?

AK lawyer · Feb 28, 2012, 07:12 PM

Originally Posted by AmyTan

Thanks!!

The county Court house was helpful with everything... but they would not tell me (for legal reasons they said) what is the total number of days to give in the notice before termination. They said I would have to look it up on the internet or contact someone who may know. They said its on the internet but I can not find it.... This is if there was never a lease "to begin with" and the person has been there for about 4 weeks. I know that if you have a lease and it runs out then the month to month notice after that year lease runs out is 2 months. It can't be two months for my situation?

The Georgia Landlord-Tenant statute is here.

You are not clear on how these people got into the place to begin with. It says here that you must give 60 days notice if it is a tenancy at will (i.e.: they were renting, but the lease expired; or there was no written lease).