JagNGeorgia

(07-11-2018, 09:46 PM)VisitingCobra Wrote: I'm still trying to figure out why she's in his house, and why he has to have her "evicted"?  Did he rent her the house for $0 a month?  What kind of arrangement is this?

(07-12-2018, 05:00 PM)Bullseye Wrote: This is absolutely correct.  

The amount of notice you must give to evict someone depends on a few different factors.  Often the amount of notice corresponds with the frequency of the rent paid.  In other words, if you collect rent from a tenant on a monthly basis, you must give a month's notice to vacate, and even then, that is just the beginning of the process.

In the absence of a formal written lease, the default is thirty days, unless there is some evidence to show some other arrangements to pay rent more frequently.

Based on what I read about this, there likely is no formal written rental agreement between the two.  The relationship went South and he did what many similarly situated people do and just kicked her out.

However, based upon what few facts of this case that have been made public, I am more inclined to believe the allegations against McCoy than I am the allegations against Dareus.

But to my knowledge no formal charges have been filed against McCoy, nor has he been convicted of s crime in conjunction with these allegations.  Accordingly he is entitled to the presumption of innocence until proven otherwise.

Quote:The moment you allow someone to live in your house, you have to get them formally evicted if they wont leave on their own. McCoy would've had to meet with someone in the court system granting the evicted person 7 days to contest the allegations. If the judge disagrees with the eviction process, it likely goes nowhere and the person stays there until the contract is broken or expired. If the judge grants the eviction, then they usually assign a deadline. From my experience, it's usually 30-60 days unless there are extenuating circumstances. 

I broke it down without using legal jargon, but when you look at the process, it usually intimidates the person into just dealing with the situation in other ways. It's no wonder McCoy chose not to get her evicted. It's usually a long process that requires a lot of attention. This is, at least, how it's done in Georgia where it happened. Definitely seems like motive for her getting attacked.

I cannot speak for landlord tenant law in Georgia, but it is a prolonged process here in Florida as well.

The law and formal legal proceedings understandably intimidate most people generally.

I think the eviction process intimidates the landlord who:

1.  actually knows the law and the required steps to successfully evict someone;

2.  doesn't believe he could exploit the ignorant tenant by circumventing those laws.

I believe in most cases like the McCoy one here, either one or both the landlord and tenant are ignorant of the law and will not consult an attorney.  In these instances, landlords will do things like suddenly change locks or cut off utilities to force the unwanted tenant off of the premises.  The ignorant tenant, in many instances without the informational or economic wherewithal to obtain legal counsel or at least get a consultation, will just go ahead and move.

Whether her refusal to leave the premises on his timeline, is, standing alone, motive for him to orchestrate an physical battery upon her person, is unclear.

But no matter how you look at it, it is an ugly and unfortunate situation for all parties involved.

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