Eviction Process in Georgia Landlord Serves an Eviction Notice. Landlord Files an Eviction Lawsuit with the Court. Court Serves Tenant the Summons. Tenant Files an Answer. Landlord and Tenant Attend Court Hearing and Receive Judgment. Tenant Gets Seven Days to Move Out and/or Appeal the Judgment.
Since there's no lease and no rent, your roommate is just a guest in your house. For you to legally evict him, you'll need to give him just a 24-hour notice to vacate. If he doesn't move out within the time frame given, you can file an eviction lawsuit against him.
All you need to do is give written notice to your landlord that you are terminating your lease and vacating the rental unit. If your move thereafter, your name will NOT remain on the lease because it has ended. Whatever your roommate does after you vacate is between him/her and the landlord.
You need to discuss this with her directly, not in a passive-aggressive way. Try to establish some rules like how often he can come over, how long he can stay, whether he has to stay in her room or in the common areas, etc.
Under Georgia law, if a guest stays for more thanthirty-two consecutive days, they are presumed to be a tenant, and the law protects their legal rights. If a guest stays for more than thirty-two consecutive days, they might be considered a tenant.
You must give him a 30 day written notice that you are terminating his tenancy. If he has not vacated by the end of the notice period, you would have to file for a legal eviction to remove him.
If you wish to terminate a lease or evict an at-will tenant, you must provide 60 days' notice. Provide the tenant at least 60 days' written notice of your intent to terminate the lease. If they do not vacate, file an eviction suit.
For you to legally evict him, you'll need to give him just a 24-hour notice to vacate. If he doesn't move out within the time frame given, you can file an eviction lawsuit against him. Once the judge rules in your favor, you can go ahead and get a Writ of Possession.