Legal Question in Landlord & Tenant Law in Georgia

I own one rental property. On a part of my lease agreement, it says "grill, lawn mower, and trash service included in said agreement". My former tenant took it to mean that I was giving him the grill and lawn mower to have as his to take with him after moving out. Is he guilty of theft by taking?

Asked on 9/13/13, 6:15 am

2 Answers from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP
0 users found helpful
0 attorneys agreed

This might just be him not understanding the terms of the lease, although the wording has a lot to do with that. You should contact him and demand the property back before going the criminal route, as that can make the matter more complicated. If he refuses, then contact law enforcement about swearing out a warrant.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at hmgrmg@yahoo.com, or through our website: hicksmasseyandgardner.com.

Read more
9/13/13, 6:25 am
Scott Riddle Law Office of Scott B. Riddle, LLC
0 users found helpful
0 attorneys agreed

Answer v.3. No, because he has not been charged, prosecuted, tried and found guilty in a court of law. You have a real and legitimate issue and, finally, a question. However, the practical reality is that any attempt to have him charged would have virtually zero chance of getting anywhere. A DA is not going to spend a second on a mower and grill and if you called the police it is more likely you end up getting a lecture from officers who think you wasted their time (even if there was nothing in the lease about a mower and grill). You can certainly call and see if it helps. Otherwise, as stated in a previous answer, make a demand to get them back, sue in Magistrate Court or keep the deposit. This is what deposits are for.

Read more
9/13/13, 6:33 am

Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia

Looking for something else?

Get Free Legal Advice

88283 active attorneys ready to answer your legal questions today.

Landlord & Tenants Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now