Trespasser or Tenant? (by Dave [GA]) Mar 3, 2009 6:41 AM
Trespasser or Tenant? (by Geo. [OK]) Mar 3, 2009 6:59 AM
Trespasser or Tenant? (by MrRational [MD]) Mar 3, 2009 7:00 AM
Trespasser or Tenant? (by Wallace CPM [VA]) Mar 3, 2009 7:01 AM
Trespasser or Tenant? (by billy [MA]) Mar 3, 2009 7:09 AM
Trespasser or Tenant? (by John [NJ]) Mar 3, 2009 7:18 AM
Trespasser or Tenant? (by James [MA]) Mar 3, 2009 8:25 AM
Trespasser or Tenant? (by Echo [GA]) Mar 3, 2009 11:02 AM
Trespasser or Tenant? (by Virden [OH]) Mar 3, 2009 11:18 AM
Trespasser or Tenant? (by Dave [GA]) Mar 3, 2009 1:48 PM
Trespasser or Tenant? (by Chris [CA]) Mar 3, 2009 6:14 PM
Trespasser or Tenant? (by Dave [GA]) Mar 4, 2009 5:26 AM
Trespasser or Tenant? (by Dave [GA]) Mar 4, 2009 5:28 AM
Trespasser or Tenant? (by CDM [CA]) Mar 4, 2009 7:01 AM
Trespasser or Tenant? (by Dave [GA]) Mar 4, 2009 8:44 AM
Trespasser or Tenant? (by Echo [GA]) Mar 5, 2009 8:28 AM
Trespasser or Tenant? (by Dave [GA]) Mar 5, 2009 1:03 PM
Trespasser or Tenant? (by Dave [GA]) Posted on: Mar 3, 2009 6:41 AM Message:
State Specific Question About: GEORGIA (GA)
My sister has a house on the front of her farm property. It's been rented to a lil ol' lady for about 20 years; her name only on the lease; about $300/month. During those 20 yrs, her grown son has lived there off and on. He's often out of state on jobs; been in jail a couple times. The lady gave notice and has moved out of state. Far as we can tell the house is empty. EXCEPT: the son is back and won't leave. Seems to have crept back while my sis gave the lady's family time to move everything out. He's put sheets up on the windows. He told my sister she would have to go to court to evict him. I advised her to start the process immediately. Is he trespassing or has he become a tenant? Is there any 'self help', or should she use the eviction process? There's nothing for the sheriff to watch being placed 'at the curb' when the Writ is obtained. How much does he owe? Does my sis need an attorney? Why not just watch the house and when he leaves change the locks? Please, no shoulda, woulda, coulda comments; this was just a country house and a nice lil ol' lady for 20 years. My sis is now going to be more business-like.
Thanks in advance for any constructive advice!
--66.32.xxx.xxx |
Trespasser or Tenant? (by Geo. [OK]) Posted on: Mar 3, 2009 6:59 AM Message:
Call the sheriff and tell him someone has broken into the vacant house on her property, and she's afraid to check it out on her own. A visit from a deputy may put a scare into this bozo. --98.162.xxx.xx |
Trespasser or Tenant? (by MrRational [MD]) Posted on: Mar 3, 2009 7:00 AM Message:
he is a squatter. Look for that word in the GA laws on eviction process. Start that eviction process and include "et al"
In the long run you are probably better off hiring an attorney to do the work for you... but be sure it is an experienced landlord lawyer.
--96.234.xxx.xxx |
Trespasser or Tenant? (by Wallace CPM [VA]) Posted on: Mar 3, 2009 7:01 AM Message:
Tresspasser - he has no rights as a tenant and should should not treat or call him a tenant --205.188.xxx.x |
Trespasser or Tenant? (by billy [MA]) Posted on: Mar 3, 2009 7:09 AM Message:
sounds like a treaspasser to me.i wold call the police and say there is a trespasser there.maybe they can get him out. --208.58.x.xx |
Trespasser or Tenant? (by John [NJ]) Posted on: Mar 3, 2009 7:18 AM Message:
You mentioned he has been in jail on and off. Is he on parole or probation? If so, his parole or probation officer would like to hear from you and this may solve your problem.
John
New Jersey --192.4.xxx.xxx |
Trespasser or Tenant? (by James [MA]) Posted on: Mar 3, 2009 8:25 AM Message:
At one point, he had permission to use the property. That makes him tenant even if he has no right to occupy the property now. Easiest option is to show up with some kind of law enforcement officer and scare him out. If that doesn't work, the GE non-payment process is fairly quick. --192.234.xxx.xxx |
Trespasser or Tenant? (by Echo [GA]) Posted on: Mar 3, 2009 11:02 AM Message:
You never knew he lived there, right??? If she gave notice to vacate and moved. Did she clear out the house between this times? If so, I'd call the police for a trespasser. May not do any good but it might scare him. If that doesnt work then start the eviction with the et al. --74.243.xx.xx |
Trespasser or Tenant? (by Virden [OH]) Posted on: Mar 3, 2009 11:18 AM Message:
My answer is same as many others, he is illegal trespasser, found a key after forcing his way inside, never had a contract of any kind but was once a visitor - makes it aggravated B-E. --99.160.xx.xxx |
Trespasser or Tenant? (by Dave [GA]) Posted on: Mar 3, 2009 1:48 PM Message:
Thanks for the replies! I think she'll try calling the sheriff and see what happens. You know good and well he's gonna say he's lived there for years...blah blah blah.
Concerning the eviction process...who does she state as defendant? She doesn't want to put the lil ol lady's name on it; she's invalid and now living out of state with a daughter. If the lady ignores the dispo (doesn't answer and doesn't show in court), she'll have an 'active' dispo against her. It's not the lady's fault. --66.32.xxx.xxx |
Trespasser or Tenant? (by Chris [CA]) Posted on: Mar 3, 2009 6:14 PM Message:
Call the cops! Bring proof the tenant moved out - like return of the s.d.
I would also involve the city's Code Enforcement as they once really helped me with a squatter while the Cops accepted a homemade fake "$ 350 receipt" - as if $ 350 moves someone into a studio with all utilities paid!
CE took the squatter's ID and gave me a name and DOB. At that time, I could have filed for a TRO. this is another free step I would take to avoid the cost of an eviction! Go to court, file for a TRO aginst the son. If you have a wife, have her do it. Maybe the squatter is obsessed with her and wants to be hear your wife? Who knows!
That person should stay away from all your family members and all your properties!!
I cannot see this bozo remain and fight this. But I sure would also involve the tenant and try if she can excert any influence or "explain" the situation. At some point, I would consider suing the old tenant in SCC if she colluded with him, scamming you as LL. (Moving out while passing on a duplicate key etc.) --125.25.xx.xxx |
Trespasser or Tenant? (by Dave [GA]) Posted on: Mar 4, 2009 5:26 AM Message:
What's a TRO? The lady is totally innocent. She's now invalid and out of state. The no account son was allowed to stay (or live) there off and on because "he's her son". I guess he kinda helped take care of her somewhat. But, he would never lift a finger around the house; wouldn't even cut the grass. So, I guess he's had a key(s) for quite a while. Soon as I hit 'submit' I'm gonna call my sis and advise try calling the sheriff. We'll see what happens. Thx! --66.32.xxx.xxx |
Trespasser or Tenant? (by Dave [GA]) Posted on: Mar 4, 2009 5:28 AM Message:
I'll have to ask my sis if the guy might be on probation. Good angle. --66.32.xxx.xxx |
Trespasser or Tenant? (by CDM [CA]) Posted on: Mar 4, 2009 7:01 AM Message:
TRO is a temporary restraining order. --70.143.xx.xxx |
Trespasser or Tenant? (by Dave [GA]) Posted on: Mar 4, 2009 8:44 AM Message:
The lady's son-in-law is due in today or tomorrow. He doens't get along with the son. He also has a brother in the GA State Patrol. We're thinking the two of them will persuade the son to move along. If not, going the lawyer route. Any idea what an "eviction lawyer" will charge? --66.32.xxx.xxx |
Trespasser or Tenant? (by Echo [GA]) Posted on: Mar 5, 2009 8:28 AM Message:
Hard to say what they'll charge. But call your local Marshal's or Magistrate office. Whoever handles evictions in your area. They may explain the process to you, it's really not that bad in Ga. --74.243.xx.xxx |
Trespasser or Tenant? (by Dave [GA]) Posted on: Mar 5, 2009 1:03 PM Message:
Echo,
In GA, dispos are done thru the Magistrate Court. I've done three in the past four years myself; sans lawyer. So, I'm "fairly" familiar with the procedures. Where I'm hazy is actually collecting after one gets the judgement.
Anyhow, with the odd circumstances, I'm thinking an 'evictions lawyer' is the way to go because of the trespasser vs tenant thing. He's probably a tenant "legally", even tho he's not on a lease; EG the usage/occupancy argument. I think they charge $100-$150 for a dispo. Apparently the 'bum' learned some law while in jail; he told my sis she'd have to go thru the courts to get him out. Anyhow, the brother-in-law is due home today or tomorrow and hopefully they can use some "friendly persuasion" to get him out.
Thx for the continued interest! --66.32.xxx.xxx |
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