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Moved in my girlfriend’s house, broke up. Now she insists I pay rent & is threatening to change the locks. What are my rights?
Anonymous2 views3 answers
Moved in 04-05-15. Never paid rent. Now she wants $200 a mo.
9-10-15 Got email asking $200/mo starting 10/1.
10-12-15 I Gave her $100 of the 200 she asked for.
4 days later on 10-16-15 she emailed a 30 Day Notice to vacate. Said all locks will be changed on that day. I asked for more time.
On 10-26-15 got email changing the deadline to 11-30-15, wants $200 on Nov 1, and again stated all locks will be changed on 11-30.
My concern: If I don’t pay her $200 on 11/1, she’ll change the house locks & alarm code. I’m just trying to move out without being locked out, or the THREAT of being locked out. Bottom-line, what is my status & what are my rights with that status: am I a tenant, a guest, a common law husband? And depending on my status, what is the proper legal procedure she must follow?
You are entitled to 60 days notice to terminate a tenancy, UNLESS there is a failure to pay rent, in which case no notice is required. For a default in payment of rent, she simply has to demand possession.
Sounds like you may have agreed to the $200, but only paid $100. That is a default.
She cannot legally lock you out without being liable for a wrongful eviction. She has to file a dispossessory and get a writ of possession first.
John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
She's your landlord. You are her tenant. She has to evict you like any other landlord evicts a tenant. So although she dumped you, she still has to live with you. But if she's smart and dishonest, she will claim that you hit her, have you arrested, and get a restraining order against you.
And now you know why unmarried people shouldn't live together in Georgia.