Tenant/Landlord Rights

[peter_pan]

I have a long story, but I will try and keep it short.

I was going out of town and out of the country. So when leaving out of town i left a letter to my roommate stating that I needed rent early because I was going out of the country on a specific date. For 2 weeks I called, emailed, and texted to try and get in touch with them. They never responded to anything. So the day that I left to go out of the country i changed my locks on my apartment. When I got back we talked about how we had a miss communication about the situation and i agreed to give her access to the apartment. She decided to move out, but has yet to take her stuff. They keep coming to the apartment stating that she's packing up their stuff, but I havent seen them leave with anything. It has now been over 30 days since I have changed the locks on my doors. They have my gate key to my apt bldg and my mailbox key. I haven't got any mail in over a month. They refuses to pay any rent or bills, even past bills like water for Nov and Dec because I illegally evicted them. I understand that what I did, but I feel like that doesn't mean they can just store there stuff at my place for forever. What can I do? I feel like I should be able to sue them for past rent and bills because we are both in the wrong and for storage. Or maybe sell her stuff...i don't know. any advice is helpful...

 

[army judge]

I have a long story, but I will try and keep it short.

I was going out of town and out of the country. So when leaving out of town i left a letter to my roommate stating that I needed rent early because I was going out of the country on a specific date. For 2 weeks I called, emailed, and texted to try and get in touch with them. They never responded to anything. So the day that I left to go out of the country i changed my locks on my apartment. When I got back we talked about how we had a miss communication about the situation and i agreed to give her access to the apartment. She decided to move out, but has yet to take her stuff. They keep coming to the apartment stating that she's packing up their stuff, but I havent seen them leave with anything. It has now been over 30 days since I have changed the locks on my doors. They have my gate key to my apt bldg and my mailbox key. I haven't got any mail in over a month. They refuses to pay any rent or bills, even past bills like water for Nov and Dec because I illegally evicted them. I understand that what I did, but I feel like that doesn't mean they can just store there stuff at my place for forever. What can I do? I feel like I should be able to sue them for past rent and bills because we are both in the wrong and for storage. Or maybe sell her stuff...i don't know. any advice is helpful...

You screwed this pooch.
In order to fix it, you now have to commence a LEGAL eviction.

This link describes how you do it PROPERLY in Georgia.


http://www.rentlaw.com/eviction/gaeviction.htm


http://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/landlord/evictdisposs.html


You can educate yourself and proceed, or you can hire a lawyer to do it for you.

This will take at least 6 weeks, and maybe even up to 10 weeks, depending on how long it takes to serve them.

Once you win (assuming you do win), you won't get MONEY.

The court will provide you with a judgment.

You then have to collect on that judgment.

That ain't gonna be easy.

You'll eventually get them and their crap outta your apartment, but don't expect to get any money.

Collecting a judgment is harder than prevailing in an eviction lawsuit.

Good luck!!!!!

 

[bluemann33]

Well do not sell her stuff right now or you will be paying for it in one way or another. You need to go to court and get her legally evicted. You can sue for past bills but sounds to me they wont pay. I would also demand the mailbox key back and if you do not get it then get a post office box for now to make sure you get your mail. Good luck.

 

[peter_pan]

what is the proper amount of days i can give to vacate?

 

[army judge]

what is the proper amount of days i can give to vacate?

Go to the websites.
Read the information.
Do your research.
Everything is there.
All is explained.

 

[peter_pan]

You screwed this pooch.
In order to fix it, you now have to commence a LEGAL eviction.

This link describes how you do it PROPERLY in Georgia.


You can educate yourself and proceed, or you can hire a lawyer to do it for you.

This will take at least 6 weeks, and maybe even up to 10 weeks, depending on how long it takes to serve them.

Once you win (assuming you do win), you won't get MONEY.

The court will provide you with a judgment.

You then have to collect on that judgment.

That ain't gonna be easy.

You'll eventually get them and their crap outta your apartment, but don't expect to get any money.

Collecting a judgment is harder than prevailing in an eviction lawsuit.

Good luck!!!!!

So I have to wait...6 to 10 weeks just for them to move their stuff out? Even though in the mean time I could have a roommate move in, but can't because there is a non paying tenant (kind of) occupying the room. Do you really think I won't get anything for that time/inconvenience?

 

[bluemann33]

So I have to wait...6 to 10 weeks just for them to move their stuff out? Even though in the mean time I could have a roommate move in, but can't because there is a non paying tenant (kind of) occupying the room. Do you really think I won't get anything for that time/inconvenience?

You may win a judgement against the person but thats not saying that person will pay you. If they wont pay you now then probably wont pay you latter.

 

[mightymoose]

If you end up in court you can be sued as well for any damages as a result of the illegal lockout.
Your roommate had no obligation to pay rent early in the first place.

 

[peter_pan]

If you end up in court you can be sued as well for any damages as a result of the illegal lockout.
Your roommate had no obligation to pay rent early in the first place.

if she sues me for "damages", for example, she had to stay in a hotel and had a hotel bill. Doesn't she have to have proof of that?

 

[army judge]

if she sues me for "damages", for example, she had to stay in a hotel and had a hotel bill. Doesn't she have to have proof of that?

What if this, what if that; none of this will help you now.

You have three options: file a lawsuit to evict her, hire a lawyer to do it for you, or work out a deal with her.

Moose's advice is prescient.

Choose wisely.

It matters NOT what any of us say, we don't have your problem.

Your problem is with the roommate YOU chose to share your home with.

None of us have that problem.

We've given you some options.

You can't litigate your case on the internet.

What anyone on this site says, doesn't matter.

We won't be able to fix the mess YOU caused.

Good luck.

 

[Gail_in_Georgia]

Your first step in filing for dispossessory (Georgia's version of an eviction) is to notify your tenant to give up possession of the property. It is recommended that this be done in writing.

If you have a lease and it specifies the number of days required for them to respond to this demand, follow this.

If it is not specified and the tenant refuses to do this, the landlord can immediately go to the Clerk of Court office and begin the process of filing for the dispossessory. Most counties have information on the steps to do this online.

The tenant will be served this notice by "tack and mail" (i.e., a copy will be mailed to them and a second copy either handed to them personally or left on the door of the rental unit). Georgia does not require that the tenant be served "face to face" with this notice. You will be notified via postcard when they have been served.

They have seven days to respond to the court. If they respond, a hearing will be held to determine if they should be evicted. If they do not respond you go back to the Clerk of Court office and rquest your writ of possession. Shortly afterward you will be contacted by law enforcement (typically the Marshalls office) to set up a time for the actual eviction.

This whole procedure has NOTHING to do with who is suing whom for owed rent or an illegal eviction. That might come later. It is simply the required procedure to evict a tenant in Georgia.

Gail