If my boyfriend and I have lived together for2 years, as the homeowner do I need to give him a 30 or 60 day notice?

UPDATED: Feb 15, 2012

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If my boyfriend and I have lived together for2 years, as the homeowner do I need to give him a 30 or 60 day notice?

Asked on February 15, 2012 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Does your boyfriend have any oral (i.e. not written) agreement with you about his residency?  Or does he pay anything as "rent"--including, for example, regularly paying utilities, part of the mortgage, etc.

If the answer to either question above is "yes," then he would likely be considered a month-to-month tenant under an oral lease; you would need to give him 30 days notice terminating his tenancy, then could bring an evicition proceeding if he does not leave.

If the answer however, is "no," he is just a guest. A guest remains only as long as the homeowner allows him, and the homeowner can revoke permission at any time. You could, in this case, tell him to leave immediately (or, more reasonably, on short notice--say 3 days or more); if he does not leave, he technically becomes a trespasser and the police should help you get him out. Be advised though, that even though they should help, the police sometimes refuse to get involved in a situation like this; in that case you'd have to bring a legal action to get him out, and would be best served by retaining a lawyer to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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