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

UPDATED: Jun 6, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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