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-   -   Landlord wrongfully evicted tenant? (https://www.askmehelpdesk.com/showthread.php?t=554674)

  • Feb 15, 2011, 02:38 PM
    Bullock2007
    Landlord wrongfully evicted tenant?
    I leased a apt in Atlanta where I work a lot. I also have a home in Indiana. For the last 4 months I've been in Indiana but I've sent my rent and paid via money orders. Last week I get a call from friends who live in apts who say my things have been thrown out of my apt. As a result, all of my possessions were stollen. When asked the apts claim no rent was ever received but did admit that they were having problems with money orders being stolen. They say that all the proper notices were issued with no response. However, I never received any papers or phone calls. When I got copies of the notices including demands, eviction, writ of possession etc; they all had someone else's name on them. (my name nowhere on). I am familiar with person and did on occasion let them stay at apt but did not sub-lease the property nor were they part of the original lease agreement. Is this considered a wrongful eviction? Can I sue for the cost of my things? Thanks!
  • Feb 15, 2011, 02:53 PM
    ballengerb1

    Can you sue, sure, but you must prove they did not follow Goegia eviction laws. Read your lease carefully to see if there is a clause about abandonement. Georgia Evictions
  • Feb 15, 2011, 02:55 PM
    JudyKayTee

    Was your mail being forwarded? Was someone responsible for opening it and advising you what mail you received?

    If you were evicted for non-payment (and the friend staying there has nothing to do with the eviction) take your proof (dted money order receipts; verify that they have or have not been cashed) to Small Claims Court and sue for the loss of your property.

    A review of the eviction file will tell you what steps the landlord took and whether he complied with State law.

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