How to Evict a Family in Georgia if There Is No Lease

A family may move without you going to court.

In Georgia, with your consent, a tenant can occupy and pay rent for rental property or a room in your home without signing a lease. A tenant without a lease is referred to as a "tenant-at-will." The tenant has to obey the rules and regulations you stipulate in an oral contract. The state, however, can exclude a tenant-at-will from following landlord-tenant laws such as paying rent and a security deposit. Nevertheless, a landlord must follow different rules set under the Georgia law O.C.G.A. 44-7-7 to evict a tenant-at-will.

Instructions

1. Understand the difference between a tenant and a boarder. A tenant pays rent to use the premises for a specific amount of time; a boarder pays a fee for the right to use a room and services. Typically, a boarder stays for a short time.

2. Determine the reason the family is required to move. Georgia law stipulates that you must give the tenant a 60-day notice when you're terminating the oral contract, or an immediate notice for non-payment.

3. Prepare the eviction notice. Include the time frame the family has to vacate the premises. For example, state that the family has 60 days to move. Write when you plan to file an eviction complaint with the Georgia court.

4. Give the family the eviction notice. You can give the notice in person or send it through the mail.

5. File a dispossessory affidavit with the local Georgia clerk of court. If the family hasn't moved by the time provided, go to the clerk of court's office and file a dispossessory affidavit.

6. Attend the court hearing. Be prepared to state your reason for the eviction. The tenant may also attend the hearing to explain his side.

Tips & Warnings

• You can terminate or change the agreement at any time with a tenant-at-will as long as you provide a 60-day notice. After the 60 days, you can impose the changes or terminate the agreement.

• If you're evicting the family for non-payment and the arrearage is subsequently paid, consider creating a written lease agreement. The advantages of a written lease include clarity and certainty. With a lease, you know the specific terms such as whether it's a year and when to renew. For example, there isn't much certainty with a tenant-at-will agreement because the agreement rolls over from one month to another.

• A tenant-at-will must provide you with a 30-day notice to change or terminate the oral lease agreement.

• Don't overlook any steps when evicting a family from your home. Georgia requires you to take all legal steps when evicting someone. Therefore, you're not allowed to just throw someone out of your property.

• Going to court doesn't automatically evict a tenant. You must prove your case to win.

References

• Georgia Department of Community Affairs: Georgia Landlord Tenant Handbook; February 2011;