I have recently begun to date a man who has moved in very “conveniently” with me.

I don’t want him to live here. I can handle a relationship but he doesn’t contribute to the bills because he knows my father bought the house and I don’t have to work. I don’t pay the rent and I live as I choose so he thinks I’m gonna pay his way. How can I get him out?

Asked on December 15, 2011 under Real Estate Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you are the lawful occupant of the premises and he is a long-term "guest", you are have the right to bring an eviction action against him. In the eyes of the law while he is not a tenant (since he pays no form of rent) he is a "licensee". Consequently, you will need to serve him notice to vacate the premises (typically 30 days). If he fails to leave by the date specified in the notice, you will have to file an "unlawful detainer (i.e. eviction lawsuit). Once a judge issues a writ of possession (or your state's equivalent), if he still fails to move out, you can have a sheriff remove him if necessary.

Note: Don't be tempted to lock him out or otherwise get him to vacate without following proper legal procedures. You could be sued for unlawful eviction if you do.

At this point, you should consult with a lawyer who specializes in landlord-tenant cases. They can best advise you as to state specific law.


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