Gail_in_Georgia

Gail can you email me over a matter unrelated to this board I need your help on? My email is on my profile

Gail, you never did answer me. Did you take offense because I showed you the Writ of Possession statutes in GA?

This thread needs your expertise.

http://www.thelaw.com/forums/showthread.php?t=37659

Hey Gail, I am doing this privately because you do give great advice to people and I don't want to correct you in public. It's not a big mistake anyway but I thought you might want to know. In Ga the request is for a Writ of Possession and it is done by an Affidavit during a complaint. There is no such thing as a Affidavit of possession. You file a complaint with a sworn statement OCGA 44-7-50 and if you prevail you are granted a "Writ of Possession" OCGA 44-7-53.

Anyway, I again don't mean to make a big deal about it but I figured you take so much pride in what you do that you might want to know. I added you on the friends list. I'm in Acworth, where do you live?

http://www.lexis-nexis.com/hottopics/gacode/default.asp

Hi Gail, thank you for yout response last week to my issue of the landlord holding our money. I posted a continuation today as to what he is up to and was hoping someone could share some insight as to what, if any, possible recourse we might have. Throughout the start of this whole mess they were claiming we had a legal binding contract by way of the lease. They still locked us out of the property and denied us access. As of the 18th, the story is that they never signed the lease so there is no contract and that we won't be able to prove we gave them any money because they never gave us any receipts. We have this statement in the form of a text message. To me, this sounds like an intentional act on their part, but it's all he said, she said.
Before receiving that particular text, the police wouldn't file a report and told us it would have to go through civil court or small claims. Now that we have that admission of choosing not to sign the lease, could we now file a police report for theft or fraud, or conspiracy to commit fraud? There has got to be something we can do to rattle their cage but they have been totally unreasonable about talking to us or working with us to at least come to an agreement that would be at least a little bit fair to us.

Thank you in advance for any helpful information you could give us.

Dillerboi

Gail,

I read quite a few of your posts, and like your advice. I am a landlord for a multi-tenant house and have a situation with a problem tenant. Are you registered in the state of Georgia. Do you consult? If so what is your hourly fee?

Hi,
I was recently renting a station in a salon in Atlanta,GA on a weekly basis with a lease agreement.
Due to several unexpected issues I fell 2 weeks behind on my rent.

Without any sort of notice or attempt to contact me the owner changed the locks and took all of my property to his home. He refuses to return it until I pay him for the two weeks I was behind plus 2weeks i recieved free in the beginning, and 4 weeks after he changed the locks since I didn't give him notice. What can I do?

Since he removed my property from the salon and took it to his residence, shouldn't that be theft by taking? He has all of my tools, my client records, my portable hard drive for work, appointment book and everything I need to earn a living, thus preventing me from being able to earn an income and doing irrepairable damage to my business.

Jurisdiction: Beaverton, Oregon

I found an apartment at the beginning of the month and was approved. I was asked to put down a $200.00 deposit, to hold the apartment, which would then be put toward the first month's rent. This was a written agreement, an Agreement to Execute Lease. The agreement stated the monthly rent, along with the start and end dates of the lease, which was 12 months in duration. Last week, a few days before I was to move-in, the apartment complex called and said they didn't have anymore 12 month leases to offer, only a 10 or 13 month lease was available. I advised them that our agreement was in writing, and that they needed to honor that, which they did. I was told my apartment would be ready on 12/19. I went in to sign the lease and performed a walk through of the unit. This place was disgusting as there was dog hair around various areas of the apartment, a dirty toilet, which included urine stains, and dirty shower caulking that had not been replaced. These were the major issues, but the apartment had other things wrong with it. I took detailed pictures of the unit as well and have not been back, since the unit was not ready. After going through this, I do not want to relocate to the apartment complex. In your opinion, is there any way to terminate the lease without penalty? If so, could I also get all of the money that I put toward the transaction back? I plan on talking to the apartment manager about this tomorrow, but I wanted a heads up. Thanks for your time!

I updated my thread

thanks for your response

Hello. i have a serious issue here. i read one of your responses to another question similar to mine, so i figured that you might be able to assist me. Me and my recently ex-girfriend have a timeshare together. i have been the only one making the payments on it since we had it, and now that we have broken up, i am still the only one making payments on it because i dont want to mess my credit up. and she knows that. mentally, she is not capable of working right now, and i dont think she has any plans of going back to work anytime soon. her credit is shot, so she has no way of acquiring or making payments on the property. i know she is going to make this a difficult process for me. i was wondering if there is anything i can do about this so that my credit wont be messed up. i am in no position to refinance at this moment, but i dont want to keep making payments on the timeshare that she continues to use. i dont mind giving up rights to it, but i wish there was a way i can get my name of the financing. no ones name is on the deed as of yet. my absolute last resort is to stop paying and just let it go because i would rather do that than keep paying for something that she is going to benefit from. i plan on contacting a lawyer soon to help me with this process. if you have any suggestions, please let me know. thanks.