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

UPDATED: Dec 15, 2011

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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


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

Answered 11 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.

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 AttorneyPages.com 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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