Landlord-Tenant

[GAgunLAWbooklet]

Let me decipher what was posted here by Butch,,,"I have given you interwebs tuff guy advice based on zero knowledge and personal experience,..

YMMV

That's inaccurate. He said is was (still is?) a L.E.O. with nearly 8 years experience, so if that's true he has some training on criminal law as distinguished from civil causes of action, and he's surely had some experience in landlord-tenant or roommate disputes.

And he's correct that it's UNLIKELY the punkass deadbeat grandkid would try to use the legal system to the fullest extent possible against his too-kind grandfather,
BUT,

But, it's a risk that grandpa COULD face, and needs to consider before taking self-help steps that Georgia law clearly forbids.

It's easy to be a keyboard commando and tell somebody else to go violate some other dude's rights and break the law when YOU HAVE NO SKIN IN THE GAME.

 

[tas6691]

That's inaccurate. He said is was (still is?) a L.E.O. with nearly 8 years experience, so if that's true he has some training on criminal law as distinguished from civil causes of action, and he's surely had some experience in landlord-tenant or roommate disputes.

And he's correct that it's UNLIKELY the punkass deadbeat grandkid would try to use the legal system to the fullest extent possible against his too-kind grandfather,
BUT,

But, it's a risk that grandpa COULD face, and needs to consider before taking self-help steps that Georgia law clearly forbids.

It's easy to be a keyboard commando and tell somebody else to go violate some other dude's rights and break the law when YOU HAVE NO SKIN IN THE GAME.

IF that is true and he is currently a LEO...he is the wrong attitude/personality for the job. But it would explain the tremendous "Little Man Syndrome" he has displayed thus far....

 

[Soul]

That's inaccurate. He said is was (still is?) a L.E.O. with nearly 8 years experience, so if that's true he has some training on criminal law as distinguished from civil causes of action, and he's surely had some experience in landlord-tenant or roommate disputes.

And he's correct that it's UNLIKELY the punkass deadbeat grandkid would try to use the legal system to the fullest extent possible against his too-kind grandfather,
BUT,

But, it's a risk that grandpa COULD face, and needs to consider before taking self-help steps that Georgia law clearly forbids.

It's easy to be a keyboard commando and tell somebody else to go violate some other dude's rights and break the law when YOU HAVE NO SKIN IN THE GAME.

Its also easy to advocate someone spending nearly thousands to solve a dumb issue with a dumb grandson WHEN ITS NOT YOUR WALLET.

You also didn't answer my previous questions I directed straight at you.

Very telling.

 

[gyppo]

You must have ran your flaps when LEO showed up or you did something stupid that opened you up. Leaving **** on the curb is not burglary. Also, just because you got sued doesnt mean this jobless kid has the means or even will to pursue the same. Ridiculous.

Soul
I wish the world worked the way you report but it does not. Anyone established on your property can hound you for months or years. All it takes is a lawyer who will represent them with the lawyer expecting part of what might be collected. You are right that the tenant may not be able to secure an attorney, but if they can, all hell will rain down on the owner if he throws out the tenant’s stuff. The tenant cannot be locked out. When he gets locked out he can call the police and they will tell the owner he has to let him in.

What would more likely happen in this situation is the tenant would get mad with the hassling he would get from the owner and hit, push, kick the owner. Then tenant gets charged and has a protection order placed against him.
I hope it does not come to that.

Anyone that would do something like this to their grandfather deserves a few nights in jail with a booty bandit.

 

[Gaffer1968]

If the issue gets involved with the sale of the home with a disagreement like this pending, it makes sense from a LL perspective to consult a real lawyer and begin whatever eviction/dispossession action he/she deems necessary.

The stake of a potential sale weighed against that cost should be a no brainer and likely could be included in the cost basis of the home (for tax purposes). Further, if LE does get called or involved for whatever reason, the existence of legal action involved will pretty much lead them to chalk it up to a civil matter already in litigation - chances are they'd stay out of it since the action and remedy (future) are already in the court waiting to happen.

 

[300_whisper]

…great thread…great advice. Thanks.

 

[palmettomoon]

Soul
I wish the world worked the way you report but it does not. Anyone established on your property can hound you for months or years. All it takes is a lawyer who will represent them with the lawyer expecting part of what might be collected. You are right that the tenant may not be able to secure an attorney, but if they can, all hell will rain down on the owner if he throws out the tenant’s stuff. The tenant cannot be locked out. When he gets locked out he can call the police and they will tell the owner he has to let him in.

What would more likely happen in this situation is the tenant would get mad with the hassling he would get from the owner and hit, push, kick the owner. Then tenant gets charged and has a protection order placed against him.
I hope it does not come to that.

Anyone that would do something like this to their grandfather deserves a few nights in jail with a booty bandit.

I hope the OP gets some peaceful resolution. Hitting, pushing or kicking would be the least of my worries. I have no idea of the character or personality of the grandson but as a cautionary tale let me relate the following:

An old girlfriend's son was living with his step-grandfather for a few years and bilked the man of tens of thousands of dollars. When John Landrum had enough he told the grandson he was cut-off, no more money, no more support. The boy (20 at the time I think) snuck into the house and shot John in the back of the head multiple times, killing him. He claimed that John molested him but I doubt that ever happened.

 

[Tazz]

You sound so insightful. Whats with this website and people projecting.

Probably because folks are sick to damn death of being talked to like they’re stupid here by noobs who think they know it all. Look, I grew up in a family FULL of LEO’s including my Dad, NONE of them would ever talk down to people the way you have been to the OP & other members here. It’s attitudes like yours that make people dislike/hate & distrust cops. You wanna get along around here you’re gonna have to drop the “I’m smarter than you because I’m a LEO” attitude and start treating folks like human beings who may know more than you about something instead of treating them like ****. You’re obviously one of those US AGAINST THEM cops where all civilians are seen as suspects, a lot like the city cop I had to deal with last Friday when I was the one who had someone call 911 for me when I needed a cop. What a useless POS he was....

 

[rbstern]

Here's what I'd do:

Ask the kid to sit for a minute and explain what's going to happen. Tell him you plan to sell the house and move. Give him a notarized statement formally terminating the landlord/renter relationship, which states he has to move out within 30 days. Offer him a bonus of $20/day for every day ahead of that deadline where his stuff is completely removed from the property (the carrot). To get the bonus, he has to not only remove his possessions from the property, but also turn over his keys to you, sign a waiver of any tenant rights, and not come back to the property. Also let him know you will start eviction proceedings the following day, regardless of the outcome of the conversation (the stick). End by saying: You'll be out of here in 30 days, one way or the other. We can do it reasonably and you'll get some cash in your pocket to help you land on your feet, or it will end unreasonably with the Sherif's Dept. putting your stuff at the curb.

Record the conversation. Let him know you are recording the conversation.

Also, because he's been so disrespectful to you, I highly recommend securing anything valuable in your home against theft. Weapons, in particular.

 

[GAgunLAWbooklet]

If the Demand for Possession letter is conditional on him moving out after 30 days notice, then you can't even begin the eviction proceeding until the 30 days has run. But if you have reason to believe that he has materially breached the contract, or the term of the lease is up and has not been renewed, then you can do an immediate demand for possession which, as soon as it is delivered to him, allows you to go ahead and file a dispossession with the court.


I think the stronger position to be in legally (the one that gives you the highest chances of winning in court and having the judge give you everything you want), is to simply tell him now that you are terminating the verbal lease effective on a specific date in the future, say 30 days, and then if he remains on the 31st day you give him an immediate unconditional demand for possession. Unconditional in that he could not possibly think that he can do anything different and change his ways and be allowed to stay. The notice has to be clear that at this point paying more money won't work, cleaning his room won't work, apologizing won't work.
No matter what, he's got to go!