How do I remove a tenant from my apartment that has not signed a lease?

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How do I remove a tenant from my apartment that has not signed a lease?

I had a friend renting the second bedroom of my apartment, but he never signed a lease. He has been wildly disruptive, and is not paying rent, and has not completed payment of a deposit. What form can I use to “evict” him?

Asked on June 6, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a tenant in the apartment that you occupy and no written lease has been signed by him, then under the law he is presumed to be on a month to month lease.

If you want this person out of the rental, you need to serve him with a thirty (30) day notice of termination of his "tenancy". If he is not out within thirty (30) days of service of the notice, then you will probably need to consult with a landlord tenant attorney about an unlawful detainer action.


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