Evicting a tenant can be a stressful and complicated situation. You rent your space to people hoping and trusting there won’t be any problems along the way. But sometimes issues with tenants do arise and it may become necessary to take legal action to remove someone from your property.
While lease contracts tend to be the norm in today’s real estate market, some landlords do allow tenants to live at their property without a written contract. If you need your no-lease tenant to vacate your property, you may assume modern tenant-friendly laws stack the deck against you.
Luckily, there are legal ways to evict a tenant without a lease. Your best bet is to familiarize yourself with your rights and the actions that would be considered unlawful. A skilled real estate attorney can help you navigate the intricacies of landlord-tenant laws specific to Georgia so you can evict your no-lease tenant as quickly as possible.
Lawful reasons to evict someone are:
Unlawful reasons to evict someone are:
It is also unlawful to attempt to evict a tenant without either a court order or prior notice.
If you’re trying to evict a no-lease tenant, you do not have to give any reason as to why you want the tenancy to end. Since there isn’t a legally binding lease between you and your tenant, all you need to do is serve them a notice to quit (vacate your property).
Property owners who want to evict someone they had allowed to live at their property without a lease (tenant-at-will) should take the following steps:
A squatter is someone who stays at your property after their lease is over. Occasionally, a squatter may be extended some legal protection even if they moved into your property without your knowledge or consent.
Although it may seem unfair to property owners, there is still a formalized process you must follow to evict squatters. You’ll need to provide them with a notice to quit and endure a mandatory waiting period. If your warning is not headed and the squatter doesn’t move out, your next step is to go to court and file a suit for eviction.
Property owners dealing with squatters are often understandably frustrated by the afront of being unable to immediately remove the unwanted tenants, but it’s imperative you don’t attempt to force them off your property. Go through the proper legal channels to avoid unpleasant penalties.
If you’d rather not deal with a potentially expensive and drawn-out eviction process of your no-lease tenant, there’s a quicker alternative to consider—cash for keys. Here, you offer your tenant an agreed upon amount of money in exchange for their keys.
If the no-lease tenant agrees to this option, be sure to get their consent in writing. Also write up your own document specifying all details of the agreement. Emphasize that you will proceed with the eviction if the tenant doesn’t move out by a specific date.
Removing a no-lease tenant can be a difficult and messy situation. Working with a skilled real estate attorney can make the process easier and less nerve-racking.
At the Zdrilich Law Group, we have years of experience handling real estate matters, including landlord-tenant issues. Out dedicated team is here to act on your behalf and help you effectively handle your legal issue.
To schedule an appointment, call (866) 679-0497.
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