Legal Question in Civil Litigation in Georgia

Scenario:You allow a person to come and live in your home and they start receiving mail at this location, but there is no legal document that has been signed stating this person is leasing/renting a space in the home. At what time does this person gain residential status that an eviction notice must be supplied in order to remove the person from the home?


Asked on 6/27/10, 2:27 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You omitted the most important facts, and for that you can't get a meaningful response. You say absolutely nothing about any agreement, the intent of the parties, or discussions about how long the person was staying.

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Answered on 6/27/10, 5:33 pm

Is there a lease? If there is a lease, what were the terms and the lease period? If there is no lease period specified, then the tenant is a tenant at will. OCGA Section 44-7-7 provides that 60 days' notice to terminate the tenancy is required by you and 30 if termination is sought by the tenant.

� 44-7-7. Tenancy at will -- Notice required for termination

Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.

You don't really explain the nature of the relationship between you. A landlord tenant relationship automatically arises when you let the person stay in your home. I am assuming that nothing else, like a romantic relationship is involved.

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Answered on 6/28/10, 5:58 pm


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