Legal Question in Real Estate Law in Georgia

We kicked a roomate out of our house he wrote a bad check and we called the police the police said to post no tresspassing sighns outside the house to keep him off the property but now all his stuff is left behind in his room what do we do with it??? legaly??? and with the no tresspassing sighns up can he still come get his property or even step foot near the house????


Asked on 8/06/11, 11:09 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I'm sure there must be some facts you have left out -- your reaction to your roommate writing a check that bounced was to call the police? That's a little dramatic/overkill -- did you give him an opportunity to make the situation right before you got the police involved? Regardless . . .

Is your roommate on the lease? If so, he has possessory rights to the property and only the landlord can "kick him out". If you paid your ex-roommate's portion of the rent, your only recourse is to sue him for it. You cannot sell his stuff without risking a lawsuit against you for theft/conversion and I would not throw it away either. Instead, I would communicate the situation to your landlord and ask the landlord to take the appropriate legal action to evict the roommate. Offer to pay the landlord the dead-beat roommate's share of rent until you can find a new roommate to take his spot and your landlord should be happy to oblige. Once the landlord completes the eviction process against your ex-roommate, the sheriff can put your ex-roommate's stuff out on the street for either your roommate or the trash man to pick up.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 8/06/11, 12:25 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Easy solution - if he is already moved out of the house, contact him and plan a day and time for him to go get his stuff. What is difficult about that?

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Answered on 8/07/11, 6:43 am


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