What to do if I helped a co-worker out who needed a place to stay while facing hardship but now I want them out?

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What to do if I helped a co-worker out who needed a place to stay while facing hardship but now I want them out?

I needed someone to watch my dog while I was going on a family trip. A lease was not signed. While I was away, a situation arose on my property in which the police were called. I found out days later after I returned and she gave me a story. Tonight the police came by to follow up and informed me of the version she told them. Which was a completely different story. I feel I have a problem with this person being in my house and I would like to know the fastest and most efficient way to make sure she is removed from my property. I live in a mobile home that is mine on land that I rent.

Asked on January 2, 2013 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no lease and there is also no rent being paid, the co-worker is a guest or invitee, not a tenant. You can ask a guest to leave at any time and, if she won't, you can file an "ejectment" action to get her out--ejectment is eviction for non-tenants. Note that you have to go through the courts to remove someone who had been living in your home with permission. If she is a guest, you can definitely get her out, but will  have to go through the court process.

However, if she has been dog-sitting, it's not impossible a court would conclude she is a tenant and her "rent" is dog-sitting. In that case, she's a month-to-month tenant on an oral lease. You'd have to give her 30 days notice terminating her tenancy, then file an eviction action if she she does not leave. Again, you can get her out, but it's a matter of going through the process.

You should consult with a landlord-tenant attorney, who can evaluate all the specific circumstances in detail and help you provide the correct notice and bring the correct action.


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