Legal Question in Landlord & Tenant Law in Georgia

My son moved in with a couple who are his friends. The couple are the ones that are on the lease my son was just basically renting a room from them. He has paid them and has cancelled checks to show that he paid. He did get a little behind on his rent, so they changed the locks and told him that they had talked to a police officer and that he told them that they could keep my sons things until he pays them what he owes. Is this true? It isn't like my son is on the lease and he has paid. Does he have a right to go get his belongings?

Thanks


Asked on 3/07/11, 6:02 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Your son has the right to go get his belongings. If he's been paying rent, he also has the right to proper notice of eviction and due process. The hard tactics these folks have implemented on your son is not only unfair, but illegal. Best of luck.

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

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Answered on 3/07/11, 6:05 am
Scott Riddle Law Office of Scott B. Riddle, LLC

There is probably an easy solution -- your son pays any rent still due for the time he was there, and they let him get his belongings. No one here has any details, such as the original lease, and for all we know everyone could be violating that lease by renting the room. Your son can complain about something being "illegal" and make them file an eviction. That gets a lawsuit on his credit report for all potential future landlords to see (whether he wins or loses), and will cost quite a bit in the future. Sometimes it is best to try to resolve a situation and move on.

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Answered on 3/07/11, 8:46 am


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