Gray, GA asked in Real Estate Law and Landlord - Tenant for Georgia

Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and they can not get approved for a loan. They have been behind multiple times on the payment. What can I legally do? No lease, no signed contract. Verbal agreement only between friends. I am executor of my father's estate. Located in Georgia.

1 Lawyer Answer
James Clifton
PREMIUM
Answered

A: You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the occupant argues that no landlord tenant relationship exists. Schedule a free consultation to make sure you comply with all of the legal requirements to remove them from the property.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.