Asked in Contracts, Estate Planning and Real Estate Law

Q: Hi can i kick my housemate out?

•I am the only legal Tenant of the property as I signed the contract

I have an occupier living in my rental home. The person and I lived together for around a year but her name is not on the contract. She has not payed 3 weeks worth of rent and also rejected to pay the bills. Is it possible for me to have herself moved out? and if she refuses could I perhaps call the police? I gave her a 24 hour notice to remove her and her things

1 Lawyer Answer

A: Under Georgia law, a renter may evict a roommate or other person whom is not on the lease. Before you can initiate eviction proceedings, you will need to give them written notice and they must refuse. Once this phase is completed then a dispossessory action can be filed at the county's magistrate court and a court date will will be set. Each side will be able to present their case and if the judge rules in the favor of the person bringing the action, then a writ of possession will be issued and will legally that person to be removed from the premise.

It is highly recommended that you contact a landlord tenant attorney to for more information.

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