In addition, if you agree to accept services from a tenant in lieu of all or part of a rent payment, this act solidifies the Landlord/Tenant relationship. Georgia courts have ruled that residents who have resided in the property for as little as two weeks who pay rent, or who have agreed to pay rent, are legally classified as tenants. Property owners must be mindful that even if a tenant is a short-term tenant and has stopped paying rent, or you agreed to rent but the tenant never paid the rent, they are still entitled to the legal protections of a formal eviction procedure. This situation requires an eviction process. If you have allowed the person to live in your home with the intent that the person will pay rent, even if the rental is in your residence and the person has not paid a dime, a Landlord-Tenant relationship has developed, and the person must be removed by a lawful proceeding. To determine what a homeowner can do under Georgia law, you must determine the situation you are in. Without a lease detailing terms and condition (including terms for eviction), the homeowner’s household is disrupted. The friend in need doesn’t pay the rent and takes advantage of any amenity the homeowner has.
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In my professional experience, however, I can say that these arrangements almost never work the way the homeowner thought they would. I find it admirable that people will share their homes for a very small rental fee. No lease is required, the homeowner thinks, because it’s a short-term situation, and I am just helping a friend. The homeowner thinks that he or she is simply being helpful to a person who may be going through hard times. I have had more than one homeowner client that allowed someone (a friend?) to live in his home for a very low cost rent. The first step in the eviction process is to establish whether the houseguest is a bonafide houseguest or if the “guest” is, under the law, a tenant. And tenants have rights.Īny uninformed attempt to evict an uncooperative and unwanted houseguest can be frustrating and costly depending on the relationship between the parties. Conversely, anyone who pays any form of rent, even if there is no contract, is considered a tenant. If a person pays no rent and provides no services in return for residing in the property, they are considered a guest. They don’t accept rent, they don’t want the guest to lift a finger, because, after all the person is a guest. Then there are those friends who just love helping people out. It could be anywhere from a week to six months to a year! The problem is that there is no telling what the guest’s idea of a short time is. In addition, the friend says, “It’s only going to be for a short time, just until I get on my feet.” The homeowner anticipates having a paying guest for a few weeks, or a couple of months at the most. I can pay a certain amount of money each week or month, or I can help with chores in lieu of payments. We all know someone that has invited a friend to stay with them in his or her home. When Is a House Guest a Tenant and What to do if a Guest Overstays Their Welcome With that caveat in mind, lets #AskAttyMo: An attorney can advise you on the simplicity or complexity of an issue, and help you decide whether you require professional services or can handle it yourself. You should always contact an attorney for any legal issue that arises, even those that seem simple to you. This Blog is designed for general information only, nothing in it should be construed as formal legal advice, or the formation of a lawyer/client relationship, or provide any guarantee, warranty or prediction about future results. I would like to make perfectly clear, however, that these responses are generic in nature and may not apply to your circumstances. In The Ask Attorney Monica section of the Blog I answer many of these questions in simple terms, to provide readers with insight and direction. Some questions require a significant amount of time to research, analyze and respond to others require less time, and based on my extensive years of experience can be answered in a format such as this blog. Each week clients ask questions regarding a variety of legal issues.
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