Don't look to police for legal advice

2/6/14 | Shimmer1

[Shimmer1]

Thanks for your reply, but she isn’t staying with me. Her mom had been a friend of mine, and I know the YL now for several years. She isn’t a stranger, but also, I didn’t take her in, she’d only been kicked out for a day and was at a friend of hers. I just hated to see her without warm clothing, a phone and a proper bed to sleep in. She had a hospital bed at her home, and a couch at her friend’s. I just drove her to her own home to pick up some things.

[Shimmer1]

He did, I just left that part out because the story was long enough as it was.

[Shimmer1]

You are very literal aren’t you???? (giggle)

[piroque]

Evil grin

[Enterprise]

You are correct. If you want legal advice, ask a lawyer.

[Defiant]

You’re saying Georgia is a chaotic state where a night’s stay in someone’s house entitles one to remain there unless thrown out by court order? I find that hard to believe.

[Shimmer1]

That’s because I didn’t say anything like that. I don’t wonder you’re confused, you just made that up. In fact no one said anything like that. No one, including me, has brought up staying somewhere for one night.

[Defiant]

That is the principle that you are saying applies in Georgia. A child who stays with a parent after age 18, or a friend, or girlfriend, or uncle, is, in spite of being there with the consent of the owner, a guest. It doesn't matter whether it's one day or one year. As I noted in my original post, if the guest pays rent or is a subtenant under an oral agreement, or some complication like that, there may be arguments they can make in court. In the absence of some kind of equitable argument like that, I don't see how you can have a functioning system of real property rights. It would be chaos. Anyone in your home could tie up the home for weeks, instead of being tossed out on their ass at your whim.

Make no mistake, I am not defending the mother or the daughter. The mother could be a total beyotch. I am just saying if it is her house, and if the daughter is not paying rent, it is the mother's right to kick her out without facing legal action, at least under the general rules of law. Georgia may be different, I concede I don't know Georgia law. However, most real property laws, and tenancy laws, in the US descend from common law and are usually very similar.

[Shimmer1]

I’m glad that you concede that you don’t know what you’re talking about.

[Defiant]

I will wager I know 10x more about this subject, or any other than you. I am not a Georgia lawyer, but am more qualified than you to give an opinion on tenancy law in Georgia. You are right not to take advice from cops, though. Don’t take your own, either.

[Shimmer1]

of course you’re an expert. I can tell too, by your posts. Yeah.

[Defiant]

Didn’t say I’m an expert. In fact, I said I don’t know Georgia law. I did say I would be surprised if it is what you suggest it is. I am a lawyer, and in addition to knowing the law of the state I am licensed in, I am aware of general principles of law that most states follow. You seem to possess no expertise on legal matters, other than the wisdom not to rely on cops. I agree with that advice, and would advise you to check with a Georgia lawyer regarding whether a parent can tell an adult child to leave the parent’s home. Let me know when you find out I was right. Until then, stalk someone else. Seems like you enjoy drama. I can live without it.

[Shimmer1]

You’re a lawyer, well bless your heart. No wonder you are such an ass. I’ve just let you run on, arguing with your own self, and now “I” am the one who likes drama. What a hoot!

[Defiant]

Judging by the histrionics about your YL, I’d say yes. You are into drama, when not opining on things you know nothing about. And now you’ve brought it here, together with name calling. We’ll, I’m not into name calling, as it don’t know you. Your physical persona might be nice. However, your online persona could use some work. You went on the attack because someone dared suggest that a mother might legally evict a 20 year old daughter without court process. Even if you knew what you were talking about it would have been more appropriate to explain why you thought otherwise, with reference to what Georgia law actually says. I would have said “wow, that’s surprising, but thanks for filling me in”. Instead, you revealed you know nothing, but like to be disagreeable. Again, please spit that venom in another direction.

[Shimmer1]

You like to hear yourself, not unusual for a lawyer.

[Defiant]

LOL. Reading through these posts, it is clear where you went wrong. You said you are a landlord, and know landlord tenant law as a result. However, what you don't realize is that the daughter is not a tenant. She falls under a different legal category known as guest. No eviction is required, as another poster with more knowledge also told you.

Good luck with your friends. Maybe if you reflect, you will take my comments to heart and emerge a better person, someone who can listen to others without vitriol. I hope so.

[Shimmer1]

That is not true. You are wrong and gosh, what does that do to your claim that you know 10 times what I know about every subject???? Darn

[Defiant]

I appreciate the fact-based rebuttal. You can have the last word, as all drama queens are wont to do.