Ifmy girlfriend and I have been living together for a year and a half but I pay all the bills, how can I get her evicted?

Asked on May 29, 2012 under Real Estate Law, Georgia


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

Answered 8 years ago | Contributor

First of all, even if she has not been paying any rent, after this period of time she has attained the status of a "licensee", which for puposes of eviction equates to a "tenant" (or "subtenant" if you are renting the premises in question). In any event, you will first have to serve her with notice to vacate (typically 30 days). After that, if she fails to move out by the date specified in the notice, you will need to file an "unlawful detainer" in court; this is nothing more than an eviction lawsuit. Once a judge issues a writ of possession (or your state's equivalent), if she then still fails to leave you can have a sheriff remove her. In the meantime, do nothing such as changing the locks or moving her personal possessions. You could find youself on the wrong side of a lawsuit yourself if you do.

Note: if you are renting and her name is also on the lease, your landlord will have to evict her. He, not you, is the one who has legal standing to do so.

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