How to get my rooms back

[wendy2010]

HI, There,

I need your legal advise. It has bothered me for while.

I rent two rooms of my house to a lady in April 2009. Since My parents are coming to live with me so I told her at the beginning of Feb that I would not be able to rent the rooms in May. She has not paid me Feb rent when I told her she had to move out. Since then she started to avoid me and delay to pay me Feb rent. Then on March 3rd when I came back from work I found out she moved out without notice and Feb rent. But she left tons of trash and messy in the two rooms. The rooms are nasty. It is brand new house and noone ever live in the rooms before she moved in. So I called her cell phone but she did not answoer my call. A week later I got her email address so I sent her email and asked to move out the trash and clean the rooms and give back my gate romote controls and two keys. A week later she reply my email and said I have no right to move out her stuff( though it is all trash ) and she will sue me if I touch her stuff. Now it is March 20 she still keeps two rooms occupied and has not mentioned when she will come over to remove her stuff and return my stuffs.

I want to change kesy and move all of her trash and get people come over to clean the carpet and rooms. But I would love to know what procedure I should take to avoid any legal issue.

I really appreciate your help.

Sincerely,

Wendy

 

[army judge]

The person was a tenant who abandoned her tenancy.

You now have the rooms back.
But, you are legally required to store her stuff.
It may be junk to you, but when you destroy it; she'll claim they are valuable antiques.

So you must file an action in court for her abandonment of the property.
Do NOT take another dime form her, startiung now.
If you do, you'll be screwed again!
The court process will work, but it will take more time.
Let the money go, if you want her out legally!!!
Your parents MIGHT have to be housed in a hotel.
Or, some other room in your home.
DO NOT LET THEM STAY IN HER ROOM.

IT IS STILL HER ROOM UNTIL SHE HAS BEEN EVICTED.

Read this carefully.
This website is useful for landlords.

When can a landlord begin legal proceedings to evict a tenant?

The basis for evicting a tenant are:

* Non-payment of rent,
* Failure to surrender the premises at the end of the lease term, or
* Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.

What must a landlord do to evict a tenant?

Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant.

First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's agent or attorney must go to the magistrate court and file a dispossessory affidavit under oath. The affidavit states:

* The name of the landlord,
* The name of the tenant,
* The grounds for the eviction,
* Verifies landlord has demanded possession of the property and has been refused,
* The amount of rent or other money owed, if any.

The magistrate court will issue a summons to the sheriff where the property is located. There are three ways in which the summons can be served:

* Delivered personally to the tenant at home;
* If the tenant is not home, it will be delivered to an adult who resides at the home and understands the importance of the summons; or
*The summons will be tacked on the door of the home and on the same day sent by first class mail to the tenant's address.

This type of service is appropriate only if no one is at home when the sheriff attempts personal service.

The summons requires the tenant to answer either orally or in writing within seven (7) days from the date that the summons is served. If the seventh day is a Saturday, Sunday, or a legal holiday, the answer is required the next day that is not a Saturday, Sunday, or a legal holiday. The summons should indicate the last day to file an answer and the court in which the answer should be filed.

If the tenant fails to respond at the end of the seventh day, as listed on the summons, the lawsuit is in default. The court can then grant the landlord a writ of possession and the sheriff can remove the tenant immediately.

If the tenant answers the summons, a trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction.

Once an answer has been filed, and a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move after ten days and may be ordered to pay the past due rent. After July 1, 1998, a tenant has only seven (7) days to move.

If the dispossessory warrant was served by tack and mail, and the tenant did not file an answer, the court may not award rent or other damages to the landlord. The court can still order the tenant to move.

http://www.thelpa.com/lpa/landlord-tenant-law/georgia-landlord-tenant-law.html
If you screw it up, she can sue you.
It COULD cost you a lot of money if you screw this up.
You might want to hire a lawyer to help you.
Otherwise, you can do it yourself, but you must understand everything and follow it to the letter!
If not, she will SCREW you again!!!!!
The law in Georgia regarding abandonment.

44-7-34.
(a) Except as otherwise provided in this article, within one month after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention thereof. If the reason for retention is based on damages to the premises, such damages shall be listed as provided in Code Section 44-7-33. When the statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing the statement and any payment required to the last known address of the tenant via first class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant´s breach, provided the landlord attempts to mitigate the actual damages.
(b) In any court action in which there is a determination that neither the landlord nor the tenant is entitled to all or a portion of a security deposit under this article, the judge or the jury, as the case may be, shall determine what would be an equitable disposition of the security deposit; and the judge shall order the security deposit paid in accordance with such disposition.

44-7-35.
(a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in accordance with Code Section 44-7-32 and if the initial and final damage lists required by Code Section 44-7-33 are not made and provided to the tenant.
(b) The failure of a landlord to provide each of the written statements within the time periods specified in Code Sections 44-7-33 and 44-7-34 shall work a forfeiture of all his rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises.
(c) Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney´s fees; provided, however, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.

44-7-36.
Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, and his or her minor children collectively own ten or fewer rental units; provided, however, that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee.

 

[wendy2010]

how to get rooms back

hi,

Thank you a lot for your email. I don't know where she lives now. So if i go to court how can I procede?

Thank you

 

[army judge]

hi,

Thank you a lot for your email. I don't know where she lives now. So if i go to court how can I procede?

Thank you

You should not care if she comes to court or not.
If she gets notified (even constructively) and she fails to come to court, you WIN by default.
You will WIN either way, but her failure to come benefits YOU!!!

You can do two things.
I'd do them both.
One is called "tack and post".
The other is mail a letter (certified &regular) to her last known address.
That would be your home.
Post the letter on the door to her room.

The letter notifies her that you are serving notice on her that she abandoned the room and you are filing an eviction against her.

If you don't understand that, you need to hire a lawyer.


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[wendy2010]

Thank you a lot. I really appreciate your help. I decided to hire a lawyer to help me with the case.


It will be much better place if everyone can be as nice and helpful as you

Thank you

 

[army judge]

Thank you a lot. I really appreciate your help. I decided to hire a lawyer to help me with the case.


It will be much better place if everyone can be as nice and helpful as you

Thank you

You're quite welcome.

That decision will save you a great deal of grief and aggravation.



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