State Specific Question About: GEORGIA (GA) I have been required to handle my mothers affairs now as her health has deteriated to the point of having to go into a nursing home. She "rents" a property to my nephew. He's been there over 5 years and never pays rent. There is no lease agreement. My mom must go on Medicaid. In order to do this the property must be listed, and sold. But he refuses to cooperate. I have no choice but to evict. I have my mom's power of attorney. I am executor of her estate. What is the best, and fastest way to get him out? Dispossessory magistration is one I have been reading about, but what is best. Thank you for your help.

Chris, I do not know Georgia law.

I could probably issue a 30 notice to vacate, and if he fails to vacate, I could then start to evict him.

You MIGHT have to give this nephew a notice of change of terms of tenancy, stating that as of July 1, 2015, his rent is going to be $1,000 per month due and payable on the first day of each month. Then, when he does not pay, you evict for non-payment.

By the way, you are not the executor of your mother's estate. You are acting pursuant to her Power of Atty, and not under any other capacity. (Unless you are the Guardian or Conservator of her Estate. There is no executor of her estate until she has passed and someone is appointed to be Executor by the Court. Maybe she has nominated you in her Will, but that is not presently operative.)

At best this fellow has a tenancy at will (i.e., a month to month lease). Terminating such a lease requires a 60, not 30 day notice in Georgia. A long time to notify him. If he doesn't move, then you file for an eviction based on the fact he is now a holdover tenant.

However, if he ever HAD to pay rent....and hasn't, it is very easy to initiate the dispossessory process in Georgia. You simply need to go up to him and demand the rent; if he does not produce it, you can go to the Clerk of Court that day and begin the filling out the paperwork to begin the process of eviction.

Of course, you can also offer him a "cash for keys" deal where you give him some money to move out of the place.

Gail

Try cash for keys. Clearly shame doesn't work - but everyone in the family should freeze him out.

Typical deadbeat ... no matter what they took - they want MORE!

I think he may have paid some rent at sometime in the past, but I have no documentation of this. My mom or dad, well up into their 80s, would have to go and ask, wringing their hands and hope for what was usually partial payment. My sister is on his side. I guess its more important to rip-off ones grandparents for free rent, then for the grandmother to get the care she needs at a nursing home.Dad has been gone for 3 years. Mom is now 90.

According to Medicaid rules, the property must be listed for sale. All I want is for him to show the property to prospective buyers. But he refuses. I don;t even have a key to the place! I have no option but to evict.

Since you live 180 miles away, hire an eviction attorney close to your mothers home.

The process of eviction is easy in Georgia but it would simply be easier for you to pay an eviction attorney to handle this since you're also 200 miles away in Alabama.

I am a Ga landlord and have access to a good attorney and will be glad to help you out.

Email me if I can help

Bbeeler@ymail.com

"Sorry for the soap box. I just need to rant."

Rant away, I think many of us have been there with family.

Use the resources offered in this group. When it gets frustrating and steam starts coming out of your ears, think about how good it's going to feel when your nephew is kicked to the curb. I did my first-ever eviction last year, and due to some mistakes on my part, it took five months to get them out. There were times when I wanted to scream. But the day the sheriff's deputies escorted them out of the house I will never, ever forget. It was glorious.

Georgia. being a landlord friendly state will have that deadbeat out in a flash.