Legal Question in Landlord & Tenant Law in Georgia
Roommate will not leave
My boyriend let his ex-girlfriend stay in his house because she had no where else to go. There is no written lease. He asked her to pay a certain amount each month but each month she has not paid the full amount. He called her and told her her things would be in the front yard. She did not come and get them and they were stolen early the next morning. The police in Smyrna Georgia told him he was liable for her items. No charges have been filed against him for this. Can he be charged criminally? Can she file a civil suit against him? Also she is still living in the house. How can he get her to leave?
1 Answer from Attorneys
Re: Roommate will not leave
Your boyfriend probably would be liable for wrongful eviction of his ex-girlfriend. All landlords must petition the courts for permission to evict. I don't know for sure because I am not a criminal attorney, but I imagine there would not be any criminal charges. The ex-girlfriend would have the right to file suit. You boyfriend needs to file a dispossessory for failure to pay rent in the magistrate court in the county where the house is located.
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