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Rented a room in my home Visitor, Guest

Discussion in 'Other Residential Landlord & Tenant Issues' started by Donna Hanley, Jan 9, 2021.

  1. Donna Hanley

    Donna Hanley Law Topic Starter New Member

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    If I rented a room to a friends nephew and his wife and they lived their for 21 days and then brought cats to my property when they were told no. And had them in my driveway in a car and were outside in driveway all night making noise 2 nights in a row I sent them a message to remove cats from my property. Then they started washing am washing machine after midnight. I told them to find another place to live they moved their belongings ie: clothes toiletries and other personal belongings out on December 23. Sent me nasty messages on the 24 and 25 th of December. A week later he tried to get into my home but I had changed the door code. How long do I have to keep the rest of their belongings? His aunt sent him a message on Jan 8 to come the morning of January 9th to pick up his stuff no show

    Dona
     
  2. adjusterjack

    adjusterjack Super Moderator

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    First thing you have to understand is that they were your tenants and you were their landlord. That subjects you to the Georgia landlord tenant statutes.

    Georgia statute 44-7-7 requires you to give 60 days notice of termination. Preferably in writing for your own protection.

    2019 Georgia Code :: Title 44 - Property :: Chapter 7 - Landlord and Tenant :: Article 1 - In General :: § 44-7-7. Tenancy at will -- Notice required for termination

    You have already illegally evicted them and locked them out, which could come back to bite you.

    Georgia statute 44-7-55 addresses the disposition of tenants' property. It first requires you to get a writ of possession (court eviction).

    2019 Georgia Code :: Title 44 - Property :: Chapter 7 - Landlord and Tenant :: Article 3 - Dispossessory Proceedings :: § 44-7-55. Judgment; writ of possession; landlord's liability for wrongful conduct; distribution of funds paid into court; personal property

    It's possible that the tenants can take you to court and compel re-entry for the 60 days notice period. You made a colossal mistake renting out a room in your house.

    What kind of personal belongings did they leave behind?
     
  3. Donna Hanley

    Donna Hanley Law Topic Starter New Member

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    they actually moved out voluntarily on Dec 24 I told them in writing on the 13 it was not gonna work out that they would need to find another place to live. I have videos of him removing all their clothes and other personal belongs. They left 2 dressers empty a mattress topper , tv bolted to the wall when they were told that wasn’t allowed and some books. I also have text messages saying they are not coming back. Which means they vacated. That was 16 days ago No lease no agreement nothing. that means I have to take them to court to get their belongings out of my house? He has threatened me taken stuff out of my home that didn’t belong to them. Are you saying I have no legal recourse other that to evict them now?
     
  4. army judge

    army judge Super Moderator

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    You ask what would happen IF you rented space in your home.
    Then you admit you did rent space in your home.

    How much money did your
    Quarrelsome tenants pay you?

    Your tenants could claim you illegally evicted them.

    If they do that, get ready to pay them money for your good deed.

    Your home is your castle.
    Don't rent rooms to anyone.
    People will very often disappoint you.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    No, they didn't move out voluntarily. They moved out because you told them to, with improper notice.

    From a strictly "statutory" standpoint, yes.

    From a practical standpoint, you might avoid any potential legal consequences by gathering their stuff into one place, preferably garage, and allow them to pick it up under your supervision.

    Important life lesson from the school of hard knocks:

     
    justblue likes this.
  6. Donna Hanley

    Donna Hanley Law Topic Starter New Member

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  7. Donna Hanley

    Donna Hanley Law Topic Starter New Member

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    What I told them was this was not working out and they needed to find another place to live I didn’t tell them to get out that day. That was my notice to them They had time to move they decided to move out the next day, I also have a text message from him stating he is not holding me to the 30 day notice that they moved cause they wanted to. I have told them to come to get their stuff to no avail. His response is he will get it when he feels like it. And your right I tried to help someone who gave me a sob story and it turned out to be a nightmare. I have known him since birth. I will never allow anyone to move into my home again
     
  8. adjusterjack

    adjusterjack Super Moderator

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    That's helpful. I suggest you preserve that message at all costs, even use a camera to photograph all of the texts between you and this person that appear on the screen.

    Then now it's time to put him on written notice with a deadline date to remove the items beyond which you will give them to Goodwill and put in the trash anything that Goodwill won't take.

    Do not try to sell or keep any of it.

    Make an inventory of all the items and photograph them.

    When the deadline date passes, dispose of the items as promised.
     
    Red Kayak likes this.
  9. zddoodah

    zddoodah Well-Known Member

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    I disagree. If a landlord tells a tenant to leave but fails to serve appropriate notice, the tenant has many choices. Among those choices are (1) to tell the landlord that the tenant will not move because no proper notice was served, and (2) to move out despite the lack of proper notice. If the tenant chooses #2, that does not make for an illegal eviction (or, really, an eviction at all) because the tenant left voluntarily, despite the lack of proper notice.

    I agree that the "tenants'" property should be made available for them to pick up.
     

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