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Updated over 8 years ago on . Most recent reply

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3
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Michael Ellers
  • Investor
  • Smyrna, GA
0
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3
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My Georgia Tenant's Unauthorized Roomate Won't Leave!

Michael Ellers
  • Investor
  • Smyrna, GA
Posted

As a landlord, I have a written lease with one tenant in Henry County, Georgia. The lease includes verbiage which prohibits anyone other than the signed tenant from occupying the property. My tenant then brought in an unknown roommate who contributed to the rent payment. The original tenant then moved out because her roommate was hostile. The tenant requested that I terminate the lease in 15 days. I agreed to termination with forfeiture of the tenant's security deposit. Tenant does not anticipate the roommate will leave on the early termination date. Since the roommate is not my tenant and I prohibited subletting, what is the best course of action to remove this occupant? Am I allowed to simply change the locks and place personal property under tarp in the yard? Thanks in advance!

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261
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199
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Phil Earley
  • Property Manager
  • Cumming, GA
199
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261
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Phil Earley
  • Property Manager
  • Cumming, GA
Replied

You can approach the current tenant, conduct a background check, write a new lease, and move forward assuming they pass the mustard.  

If that is not an option,  you are going to have to go through the eviction process.   The person still living at the home who contributed to rent is most likely a "tenant at will" and has a legal right to the property.   Let the court system decide differently for you and stay out of more trouble.  

The person on the original lease is off the hook of any wrong doing since an agreement was reached to terminate.....don't terminate next time until the keys of a vacant property are returned and a move-out is conducted.  

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