What started as a simple favor – letting a friend crash in my spare room “for a few weeks” – turned into a four-month legal nightmare and $5,000 in expenses. Why? Because I didn’t have a lease agreement.
Here’s the scary part: in Georgia, police cannot remove someone from your property if they can prove they live there – and proof can be as simple as an Amazon package or piece of mail with their name and your address 1. This means once someone establishes residency, even informally, you’re legally required to go through the formal eviction process 2.
This could happen with anyone – even family members. In fact, some of the messiest housing disputes occur between relatives, where emotional ties make the situation even more complicated. Whether it’s your college buddy, your cousin, or your aunt needing a spare room, the same legal principles apply.
My friend moved in with just a backpack and promises. When weeks turned into months and they refused to leave, I learned the harsh reality of squatter’s rights. In Georgia, anyone staying in your property for 30+ days gains legal tenant rights – even without paying rent or having a formal agreement 13.
Without a lease, I was forced to:
- File a formal dispossessory affidavit with the court
- Hire an attorney
- Wait through multiple court dates
- Continue providing utilities while receiving no rent
- Wait for a court-ordered eviction
Protect Yourself:
- Always create a written lease agreement, even for “temporary” stays
- Include specific terms about:
- Length of tenancy
- What happens after lease expiration
- Required notice for termination (30 days written notice in Georgia) 1
- Monthly rent/contributions (even if minimal)
- Utility responsibilities
- Have all parties sign and date
- Include month-to-month terms if applicable
The Bottom Line: Family ties or friendships don’t prevent legal issues – they often complicate them. In Georgia, landlords cannot take matters into their own hands by changing locks or removing belongings; these “self-help” evictions are illegal 2. Only a court-ordered eviction carried out by law enforcement is legal 1.
Remember: A simple lease agreement could be the difference between a peaceful living arrangement and a costly, months-long legal battle, no matter how close you are to the person.
