If my boyfriend and I have lived together for2 years, as the homeowner do I need to give him a 30 or 60 day notice?

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If my boyfriend and I have lived together for2 years, as the homeowner do I need to give him a 30 or 60 day notice?

Asked on February 15, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Does your boyfriend have any oral (i.e. not written) agreement with you about his residency?  Or does he pay anything as "rent"--including, for example, regularly paying utilities, part of the mortgage, etc.

If the answer to either question above is "yes," then he would likely be considered a month-to-month tenant under an oral lease; you would need to give him 30 days notice terminating his tenancy, then could bring an evicition proceeding if he does not leave.

If the answer however, is "no," he is just a guest. A guest remains only as long as the homeowner allows him, and the homeowner can revoke permission at any time. You could, in this case, tell him to leave immediately (or, more reasonably, on short notice--say 3 days or more); if he does not leave, he technically becomes a trespasser and the police should help you get him out. Be advised though, that even though they should help, the police sometimes refuse to get involved in a situation like this; in that case you'd have to bring a legal action to get him out, and would be best served by retaining a lawyer to help you.


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