Legal Question in Real Estate Law in Georgia
Property Abandonment
My husband and another man formed a Limited Liability Corporation,but the other guy never put in any money at all -- my husband made the down payment on the building, paid for all furnishings, repairs to the building, etc. His so-called partner moved in some office furniture, a fax machine, a copier, a sofa, and two chairs for his part of the office. The ''partner'' in the LLC finally just walked away -- owing thousands of dollars to various people for work and my husband paid the debt. The other man has just left the fax machine, the copier, the sofa,chairs, etc. My husband has called him and e-mailed him in an effort to get him to pick up his items from the office and ''Bob'' (fictional name, of course)has not responded. Do we have a certain time when the property he abandoned just becomes ours, or can we send a certified letter notifying him one last time to get his items and then be resolved of our obligations to him? Please respond as quickly as possible so that we can resolve the matter. Much thanks in advance for your help.
1 Answer from Attorneys
Re: Property Abandonment
You filed your question under "landlord and tenant" - but it would appear to be more appropriate under corporations, or business law, or contracts. It would appear that your remedies would be governed by your corporate documents, corporate operations, oral agreements, etc. Not by landlord/tenant law. From the description of your situation, it would seem that a bit of negotiation is in order to the effect that in return for payment of debt, a full release and abandonment of property by the "other guy" would be appropriate. How strong your negotiation position would be could not, however, be determined without knowing what's in the documents and the principle parties' course of dealing.
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