How to Evict a Roommate Not on the Lease in Georgia

How to Evict a Roommate Not on the Lease in Georgia
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Warning

Without proof of the delivery of your letter of eviction, the magistrate can deny the eviction. This could force you to start the process all over again.

Tip

As of the time of publication, the cost to mail a certified letter is $2.80.

If the magistrate decides in your favor, as of the time of publication, your roommate has seven days to vacate your home.

You can ask the magistrate for a judgment for back rent and damages as well as the eviction.

While bringing a roommate into your leased home can ease the strain on your wallet, you can face difficulties when you want them to move out. Georgia law has a tenancy-at-will clause, which gives your roommate certain rights if you decide to evict him. As a tenant-will, your roommate only needs to give you 30-days notice before moving out, but as his landlord you must give him 60-days notice to leave. You will not necessarily need to retain a lawyer to process the eviction, but there are steps you must follow to comply with the laws.

Step 1

Ask your roommate to move out. Your roommate may be ready to move out and is staying because she does not want to cause a financial burden for you by leaving. If so, asking her to leave can help you avoid the eviction process.

Step 2

Write your roommate a letter of eviction. If your roommate does not leave when you ask him too, this letter will provide evidence to the Georgia magistrate court if he does not leave voluntarily. Include the date you write the letter and the date you will start eviction proceedings. You must give your roommate 60-days from the date that he receives the letter so add seven days to the eviction date to compensate for mailing time.

Step 3

Mail the letter by certified mail. While you can hand the letter to your roommate, requiring her signature for delivery and having a delivery receipt will provide proof for the magistrate. If you decide to hand her the letter, make a copy of it with her signature and date on it to use as proof of delivery.

Step 4

Go to the magistrate court in your county. If your roommate does not move out by the date specified in your letter, you must file an affidavit with the court stating your name, your roommate's name and the reason you are evicting him. You must show proof that you asked your roommate to move out and -- if he owes rent -- estate how much he owes.

Step 5

Wait for the magistrate to issue a summons. Your county's sheriff will serve your roommate by handing her the summons, giving the summons to another adult at the address or attaching the summons to the front door and mailing a copy to the address. The summons gives your roommate seven days to answer before the court will give you a writ of possession allowing the sheriff to remove your roommate.

Step 6

Attend the eviction hearing. If your roommate answers the summons, the magistrate will schedule a hearing. You must allow your roommate to remain in your home until after the hearing. However, you can request that your roommate pay rent to the court. If the magistrate orders the roommate to pay rent and he does not pay, the court can evict him before the hearing.

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