tenant abandoned property (by Donna [GA]) Oct 7, 2014 8:47 PM
tenant abandoned property (by Tx mike [TX]) Oct 7, 2014 8:56 PM
tenant abandoned property (by BRAD 20,000 [IN]) Oct 7, 2014 9:56 PM
tenant abandoned property (by John [LA]) Oct 8, 2014 12:42 AM
tenant abandoned property (by Gail K [GA]) Oct 8, 2014 1:57 AM
tenant abandoned property (by Vee [OH]) Oct 8, 2014 5:58 AM
tenant abandoned property (by Donna [GA]) Posted on: Oct 7, 2014 8:47 PM Message:
State Specific Question About: GEORGIA (GA)
My tenant of 6 months broke their 2 year lease with option to buy agreement by moving and not paying Oct rent. They turned off electricity about 3 weeks ago (mid Sept), but there is still some things left @ the unit of thiers when I went to check to see why rent wasnt paid (phone was disconnected). Its now Oct 7 and their rent is now 4 days overdue. Isnt turning off electric considered abandonment? They also stole my refrigerator and stove (I filed police report today), and theres a rotting stench of decaying food and trash on premis. In Ga I read in Landlord-Tenant handbook that if the Sheriff has to do a "tack and mail" (no one answers door when they take summons) that NO monetary award will be made to landlord (WTH?) and right now I have no forwarding address of tenant. I will do a eviction if I have to, but seems that if they turned off electric then they have abandoned the property and gone....any help from someone who has had this happen and knows GA law on this? Thanks! --67.187.xx.xxx |
tenant abandoned property (by Tx mike [TX]) Posted on: Oct 7, 2014 8:56 PM Message:
I don't know georgia laws, but I bet they left the keys on the kitchen counter. Go back and check to make sure. My lease says it's abandoned after 5 days . What does your lease say? Clean it up and get it rented again. --173.74.xx.xx |
tenant abandoned property (by BRAD 20,000 [IN]) Posted on: Oct 7, 2014 9:56 PM Message:
Donna,
I post and ABANDONED PROPERTY NOTICE on the door stating we will dispose of any remaining it's in 48 hours.
Call, text, email, call Emergency COntacts, send mail...so a bunch of things to make contact and be able to prove you did it. Will save you if they come back and complain (which I doubt but it sometimes happens)
They are obviously gone. Start cleaning, pile the sutff in the garage, and re-rent.
URGENT: do NOT breathe the air in the fridge. My guy got salmonella poisoning from the puff of air when the door closes.
Our trick: Rag over face, crack the door open, reach in and spray like crazy with straight bleach. Step back and close the door. Plug it in and let the stuff re-freeze and get cold before opening again.
--67.175.xx.xxx |
tenant abandoned property (by John [LA]) Posted on: Oct 8, 2014 12:42 AM Message:
She will have to find the frig. first. LOL --147.206.x.xxx |
tenant abandoned property (by Gail K [GA]) Posted on: Oct 8, 2014 1:57 AM Message:
Donna...
f you wish to go through the formal process of filing for a Dispossessory (Georgia's version of an eviction), it's a three day Pay or Quit (I'd skip that in your case), a trip down to the Clerk of Court for filing for such.
The former tenant would be notified via "tack and mail" of your filing, they would have seven days to respond (8 days if the last day falls on a Sunday or holiday); if no response, you go back to the Clerk of Court to request your Dispossessory Affidavit and the request for the formal eviction.
All this is a moot point for you since it's obvious the former tenant has taken off. You can go through the process if you fear they might return and claim an illegal eviction but since they stole your refrigerator and stove that isn't likely, is it.
In addition, since you have no forwarding address, you have no way of finding them (at this time) to sue them (a SEPARATE court action from the dispossessory) for what they owe in rent and damages.
Your tenants have abandoned the property and the evidence is lack of utilities and stolen property. Go in, take pictures for evidence should these folks surface down the road (and they may since you are filing criminal charges against them for stealing the stove and refrigerator).
What were the details on this "option to buy" agreement? Did they put any earnest money down to do so?
Gail --68.47.xx.xxx |
tenant abandoned property (by Vee [OH]) Posted on: Oct 8, 2014 5:58 AM Message:
Ironically this is the wrong end of the timeline to learn tenant laws, as Gail mentions study this rent-2-own with a rental experienced lawyer to be sure property rights have not been established. --75.94.xxx.xxx |
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