How can I now remove a visitor who I allowed to stay in my home for a couple of weeks since she was homeless?

I told her she had few weeks. She is not paying any rent, utilities or food. She has now started saying this is her permanent residency and this was not what I advised her. Do I have the right to tell her to get out or are there steps that I I need to take to get her out of my home?

Asked on August 5, 2014 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you have the right to remove her: if she is not paying rent, etc., she is a guest, not a tenant, and a guest may be asked to leave at any time. If she will not leave, however, you will need to go through the courts to get her out--you're not allowed to simply physically evict her, especially if she claims (even if incorrectly) that she has some right to reside there. The best way to do this is to speak with a landlord-tenant attorney (while this is not a tenancy, because she is not a tenant, a landlord-tenant attorney will know what to do) and let him/her help--not only does the attorney have expertise, but it's not personal for the attorney, so it will help avoid or minimize conflict.

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