Q: Can apartment complex evict me if I'm not on lease and roommate was arrested?
I live in Stone Mountain, DeKalb County, and my friend is the only person on the apartment lease, but I also reside here. She was recently arrested and didn't pay the rent. The apartment complex left a note on the door, but it wasn't anything legal or formal. My name is not on the lease. Can the apartment complex evict me immediately, or do they have to follow a legal eviction process?
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A:
Even though you're not on the lease, the apartment complex cannot evict you immediately without going through a formal legal process. In Georgia, the landlord would need to follow the proper eviction procedure, starting with providing a formal notice to vacate. This notice would need to be official, typically in writing, and give you a certain amount of time to leave the property.
Since the note left on the door wasn't a formal legal notice, it’s likely not enough for an eviction to take place. The landlord would need to file for eviction through the court system, and you'd have the opportunity to respond. In Georgia, an eviction usually requires a court order before they can remove anyone from the property.
You may want to reach out to the landlord to clarify your situation and discuss the possibility of staying until a resolution is reached. If the landlord moves forward with eviction, you will be notified through the legal process. Keep an eye on any official notices and be prepared to attend any hearings if the eviction proceeds.
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