 |
My cousin lives in ga in a town home. She has a dog which is not on the lease (breach of lease). Her fiancé has decided to cheat on her and kicked her out by stating she has the dog, which caused er to have a breach of lease. Now he gave her 10 days to get her stuff out and changed the locks so she cannot enter. And refuses to let her get her stuff. I know there are laws in ga that state u have to give someone 30 days. But with the breach is that still in effect? She needs to get her stuff.
He has to have her properly served and properly evicted according to the laws of the state... and according to what you said that wasn't done.
Once the breach happens... the eviction process can be pushed... but like I said... it HAS to comply with local eviction laws.
http://www.consumer-sos.com/Georgia/.../evictions.htm
Tell her to call the police. He has illegally evicted her. He has to let her back in and follow the laws for eviction. But she has to put the dog somewhere else. She can't bring the dog back in with her.
She is leasing the town home from her fiancé? Unless he is the lessor, he cannot evict her pursuant to the terms of the lease (even including a no-dog provision). Only her landlord can do that.Quote:
Originally Posted by DerrickB
If she is a sub-tenant from her (former, I expect) fiancé, he cannot oust her by changing the locks. He would have to get a court order of eviction, after first giving her the proper notice (30-days probably).
Yes, I believe 30-day notice is required before a landlord in Georgia can evict a tenant for breach of a lease.
If, on the other hand, she has voluntarily left the premises, she has waived her right to due notice.
If he is refusing to let her get her stuff she should contact the police.
Clear things up for us. Whose name is on the lease and who is doing the leasing/owner?
This confuses me. How did he kick her out? Did he just say; 'you have a dog and that breaches the lease so get out"? Who does she have a lease with?Quote:
kicked her out by stating she has the dog, which caused er to have a breach of lease
But, as the others noted a lockout is usually illegal. On the other hand, if she voluntarily left and then he changed the locks, that may be a different story. At any rate he can't keep her stuff, the police will force him to let her get her stuff.
But the whole story needs to be clarified to know what her rights are.
Agree, if she is on the lease, he can not kick her out at all.
If she is not on the lease, the dog makes him in violation of the lease he has not her.
But if she is not on the lease, he has to give her 30 days notice and if she does not move file for the eviction though the courts. The local police should force him to let her back in, or come if she goes there when he is home and force him to at least allow her to get her property.
*** This is if she has not waited to long, she needs to do this right away after being locked out
To clarify. Yes they are both on the lease. No she did not leave voluntarily the locks where changed while she was away. Also I want to add to everyone thank you so much for your fast responses.
If she is on the lease then her ex does not have the right to kick her out. Only the landlord can evict her, and only if she fails to remove the dog after the landlord gives her written notice to do so. Usually notice like that must be a minimum of 10 days.
If the landlord hasn't given her a violation notice then she can have the police force her ex to let her back into the townhouse WITH the dog. However the landlord could give her a notice at any time to remove the dog.
Since she is on the lease, make sure she knows that if she moves out she is still responsible for her share of the rent until the lease ends. She will have to reach some kind of agreement with her landlord to let her out of the lease if she wants to avoid being responsible for the rent.
This still leaves gaps. You need to specifically clarify this statement:Quote:
Originally Posted by DerrickB
What does this mean exactly. If they are both on the lease, did he report the dog to the landlord? Did the landlord take any action? Who changed the locks? The boyfriend or the landlord? When we ask for more info please answer ALL questions.Quote:
kicked her out by stating she has the dog, which caused er to have a breach of lease
How long ago did this happen?
But as Lisa said, he cannot take any action to force her out. Only the landlord can. On the other hand, since he is not the landlord, she may not be able to sue him for constructive eviction. This now becomes a domestic case.
Finally, what does she want to do? As Lisa said she is still responsible for the rent. Does she just want to get her things and move on?
| All times are GMT -7. The time now is 03:34 PM. |