Atlanta, GA asked in Landlord - Tenant for Georgia

Q: Can I be evicted by words where I've lived for 10 months with no lease in dooly Co. GA because of a disagreement.

I live at a home by invite ,ten months have passed. I was told to leave after a disagreement which I did on foot in pajamas .i am supposed to be on bed rest per the orthopedic specialist due to an injury that occurred at this home. I live there and want to go inside like i do cause i live there but also do not want to break any laws .Do I have to leave without a eviction notice.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you are a tenant at will, meaning you live in the property without a formal lease agreement. In Georgia, a tenant at will is entitled to a 60-day notice before they can be required to vacate the property, according to GA Code § 44-7-7 (2020).

Here are a few key points to consider:

1. Verbal agreements: Even though you don't have a written lease, your 10-month residency may establish you as a tenant at will, and you are entitled to proper notice before being required to leave.

2. Eviction process: In Georgia, a landlord must follow the legal eviction process, which typically involves providing proper notice, filing a dispossessory action with the court, and obtaining a court order for eviction.

3. Illegal eviction: If your landlord locks you out, removes your belongings, or shuts off utilities without going through the proper legal channels, they may be engaging in an illegal "self-help" eviction.

4. Right to belongings: You have the right to retrieve your belongings from the property, even if you are being asked to leave.

Given your circumstances, it is advisable to consult with a local tenants' rights organization or a lawyer specializing in landlord-tenant law. They can provide guidance specific to your situation and help protect your rights as a tenant.

Remember, while a disagreement may have led to this situation, your landlord must still follow proper legal procedures to remove you from the property. They cannot simply demand that you leave immediately without proper notice and legal process.

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