All Laws Decoded

How to Evict a Roommate in Georgia (and Other Household Situations)

What Georgia law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.

Short answer: A roommate who did not sign the lease is not liable to the landlord unless the landlord accepted payment from them or the landlord's other actions created a landlord-tenant relationship. A roommate who leases from the original tenant is a subtenant: they occupy through the tenant, not the landlord, and the landlord's mere acceptance of a subtenant's rent does not by itself make the subtenant the landlord's tenant. Georgia Landlord-Tenant Handbook (Dept. of Community Affairs), pp. 13-14, 23

Roommate not on the leaseA roommate who did not sign the lease is not liable to the landlord unless the landlord accepted payment from them or the landlord's other actions created a landlord-tenant relationship. A roommate who leases from the original tenant is a subtenant: they occupy through the tenant, not the landlord, and the landlord's mere acceptance of a subtenant's rent does not by itself make the subtenant the landlord's tenant.
Whether a person is a tenant depends on the agreement and conduct, such as paying rent, primary residence, belongings and length of stay.
Removing a roommate or subtenantA tenant who rents to a subtenant is in a landlord-tenant relationship with that person, and Georgia allows removal only through the court dispossessory process: the owner demands possession, then files a dispossessory affidavit in magistrate or another authorized court if the occupant refuses. Self-help evictions such as lockouts or utility shutoffs are illegal.
Official code not freely readable online; text verified on a public code mirror (code year 2024). Landlords cannot step in to resolve disputes between roommates unless there is a lease violation or criminal act (Handbook, p. 23).
Guests who won't leaveNo statute sets a fixed number of days. The state handbook lists factors that make it more likely a person is a tenant: paying rent, using the property as a primary residence, keeping belongings there, staying several months or more, having no end date, cleaning and maintaining the property, and coming and going freely. A squatter is someone who never had the owner's permission to be on the property and can be removed by affidavit without an eviction case; a person who was allowed to stay is handled differently.
A landlord-tenant relationship can arise even when no rent is charged, if the owner gave the right to stay.
Removing a family member or partnerNo statute names family members specifically. The dispossessory statute covers land "held and occupied by any tenant at will or sufferance, whether under contract of rent or not": the owner demands possession and, if refused, files a dispossessory affidavit in court. A relative or partner who was given permission to live there is not a squatter under the affidavit removal process, which applies to people who never had the owner's permission.
Official code not freely readable online; text verified on a public code mirror (code year 2024). Family violence protective orders are a separate court process.
Renting a room in your own home (lodgers)No separate lodger rule in the official guidance reviewed. A landlord-tenant relationship exists when an owner grants someone the right to possess and use real estate, for a fixed time or at the owner's will, even without charging rent. A room renter whose agreement bars visitors, alterations or coming and going at certain hours is less likely to be a tenant; one who pays rent and lives there as a primary residence is more likely to be.
Tenancy at willWhere no end date is specified, the tenancy is a tenancy at will. The landlord must give 60 days' notice, and the tenant 30 days' notice, to end it. Rent changes for a tenancy at will also require 60 days' notice.
Official code not freely readable online; text verified on a public code mirror (code year 2024).
Hotel and extended-stay guestsNo statute sets a day count. The state handbook says hotel and motel guests are typically not tenants, but an extended-stay guest could become a tenant based on an express agreement or the conduct of the parties.

Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.

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Georgia eviction laws · Free legal help in Georgia · Roommate rules in other states

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.