I rented an apartment in atlanta, GA and signed a one year lease and accepted the responsibility for the entire rent. I am allowed to have roomates if I want to. My current roomate did not sign any lease when she moved in but we agreed on the amount of rent and 1st of the month as the due date verbally. She has been late every month and now she says she can pay rent on the 5th and no sooner than that every month. I asked her to leave by the end of the month but she says the only way I can get her to move is by evicting her. I called the county court and they insist that there's nothing I can do but to give her a 60-day notice to move out and then start the eviction process if she doesn't move out. I need rent to pay my bills on the 1st as I am responsible for the whole rent. Please help.
I have text messages from her to prove that she knew 1st is the due date and where she acknowledged that she was late for the previous months and she would pay rent on the due date in the future. Can I use the text messages as evidence to evict her sooner than 60 days?
Family Law Attorney
Unfortunately for you, what you were told by the county court is correct. Since you do not have a written agreement with your roommate, she is considered a month-to-month tenant. You are her landlord. Per GA Law, the landlord must give a month-to-month tenant 60-days advance notice of a demand for possession. And any tenant must be formally/legally evicted if they fail to leave after the time granted in the demand. The good news is that she is still responsible for paying rent during those 60 days; and you can add any unpaid rent to your eviction action. (If she leaves without you having to evict her, you would still be entitled to file a complaint against her for any unpaid rent.)
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.