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Randall
Webmaster

Posts: 53349
From: Saturn next to Charmaine
Registered: Apr 2009

posted May 19, 2015 01:54 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Salutations, everyone! I have a problem that I'm hoping one or more of you can assist me with.

A woman who lives near my mom is being illegally kicked out of her house. The owner didn't want it to stay vacant, so she and her baby were told they could stay there for free if they just paid the power bill. This was in December. Now the owner has decided to rent it out, but instead of nicely asking her to leave, she filed a complaint for criminal trespassing. Her trial is later this month. I can't speak on her behalf, because I'm not an attorney, but I told her what to say. It should be a simple matter to get this dismissed. If the owner wants her out, she has to do an eviction (dispossessory), not a trespass warrant. Letting her move in created a landlord-tenant relationship under a verbal month-to-month tenancy. According to the Uniform Commercial Code, real estate contracts must be in writing; however, in Georgia once a lease expires, if the landlord continues accept rent, it converts to a verbal month-to-month, so verbal leases are allowed in Georgia because of the exception created by this caveat. A lease is a bilateral agreement, and consideration is required for a bilateral contract (unilateral contracts have special rules), and consideration is usually cash (and sometimes property, which is used much less often), but consideration can also be promises to perform. Her consideration was agreeing to pay the power. So, we know this isn't trespassing. I told her to also show the judge the key the owner gave her! And we know this is a verbal lease. So, at the very worse, she must evict her. But to evict, there must be just cause. As long as she keeps to the terms of the verbal lease (to pay the power), then an eviction won't work. Under a verbal lease in Georgia, the landlords can ask the tenant to leave with no reason needed, but the landlord must give the tenant a 60-day notice (the tenant must only give 30). I plan on getting the trespass warrant dismissed and having the judge order the owner to obey the law. There's also another issue. The owner turned off her utilities! That's also illegal, and aside from a $500 fine, I want the judge to order them turned back on. She has no power or gas (hot water), but the owner left on the water, so she could water her flowers!

So, I will be able to get her to stay another two months in the house, but her and her baby need a place to move to after that. The shelters are full with long waiting lists, so long story (not so) short, do any of you know of lesser known national charitable organizations that can help with housing that I could look into? I have probably bought her some time, but two months will go by quickly, and she will move out just as soon as she finds another place to go to. If anyone has any ideas, please let me know. Thanks!

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Randall
Webmaster

Posts: 53349
From: Saturn next to Charmaine
Registered: Apr 2009

posted May 19, 2015 01:56 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
The court date is set for next week. One judge has already allowed me to represent a client without a law degree (I was a beast and definitively won that case), but I don't want to press my luck. She's going to tell the judge that her counsel advised her to read this to him (and then read what I wrote for her to say, citing Georgia code sections). She finally received food stamps today. There is no doubt in my mind that her "landlord" thought she was just going to swear a false warrant to put her in jail with no repercussions, but she is going to be in for a big surprise next week. She never could have afforded an attorney, and she most likely would have been a victim of the system. These are the types cases I want to take on when I get out of law school. Some cases will be very big, but some are very small, and to her and her baby, this is big. Several of her neighbors are going to support her as character witnesses. I told her to bring her baby to court, too. She has her taxes and several pieces of mail to prove she has lived in the house since December (and also the key to the house, as I mentioned in my first e-mail). You never know about some of these judges, but I don't see how it would be remotely possible for the bogus trespassing charge not to be dismissed. Worst case, she would have to be legally evicted. Best case, the judge will order her to receive the 60 days required for an at will tenancy (month-to-month). One of the neighbors is running an extension cord to her house, so she can run two fans to keep the baby cool till the power/AC is turned back on. This heat has been tough on the baby.

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Eirlys
Knowflake

Posts: 296
From:
Registered: May 2013

posted May 19, 2015 02:07 PM     Click Here to See the Profile for Eirlys     Edit/Delete Message   Reply w/Quote
I'm one state south of you, but something similar

happened to my neighbors, last year, due to a foreclosure

on the owner.


I'll dig through my file, if need be, but they were

under a legitimate hardship (one of their children had

just been diagnosed with leukemia), and we had their

pediatrician write a letter validating that.

They just needed the 90 days to find a place they could

afford, while still taking him to treatment (transfusions

between siblings, hospitalizations... it was madness)


The fact that she has a child... could that qualify her

for ANY hardship exemptions, under GA law, I wonder?

Am I reaching, here? lol

------------------
Nothing is permanent in this wicked world; not even our troubles.

-C Chaplin

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Eirlys
Knowflake

Posts: 296
From:
Registered: May 2013

posted May 19, 2015 02:12 PM     Click Here to See the Profile for Eirlys     Edit/Delete Message   Reply w/Quote
I also wonder if she could do a counter, if that

sweet baby suffers anything (like heat stroke)

due to the actions of her land(slum)lord.


lol

Now I am reaching, but it's hard to have sympathy

on someone who failed to follow the law and give

proper notice to her tenant, who, for all intents

and purposes, honored her end of the rental agreement.


I just smh at people like that.

:/

------------------
Nothing is permanent in this wicked world; not even our troubles.

-C Chaplin

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PixieJane
Moderator

Posts: 6428
From: CA
Registered: Oct 2010

posted May 19, 2015 07:17 PM     Click Here to See the Profile for PixieJane     Edit/Delete Message   Reply w/Quote
It doesn't look good.

If I were there I'd first try calling shelters for battered women, even if they won't help themselves they probably still know of all the resources in your area since they'd likely be seeking to get women who fled their homes out of their shelters. Though it might be best if she called because many such shelters fear a man trying to get help (even for another woman) is actually someone who is after one of the women they hide and assume the worst offhand (all it takes is one man to do that to them and as Mark Twain said a cat who sits on a hot stove lid won't sit on another, but he won't a sit on a cold one either).

If that didn't work then I'd try the food banks, Red Cross, and Goodwill.

The good news is that there are minor charities that help people get housed and because they're not well known they can usually pull strings others can't (and are also more personable) but the bad news is they're hard to find, if they can be found at all. And they're not miracle workers but they can--sometimes--keep a mother with a baby off the streets until she's able to either get on government housing or her own place.

When you (or she) calls these places start by listing the immediate problem in as simple terms as necessary, save the details until they're asked for. It will save time, confuse the people you ask less, and your vocal cords will thank you (since you don't have to repeat it 20 times while busy and often distracted people because they've got so much to do try to filter out what they can't help with and focus on what they can). Naturally they'll be asking about what family she has that she can rely on as well. Since what services exist are so limited they'll want her to stay with family if that's possible.

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BellaFenice
Knowflake

Posts: 3058
From: Neptune with PisceanDream, Faith, and Meissieri
Registered: Sep 2013

posted May 20, 2015 12:57 AM     Click Here to See the Profile for BellaFenice     Edit/Delete Message   Reply w/Quote
Can't speak on the legal part because I'm not educated enough on GA tenant rules and whatnot.

What location in GA? There are a lot of housing options I found for those who are homeless and/or at the brink of being homeless. Two examples:

http://www.atlantamission.org/my-sisters-house

http://nicholashouse.org/

This might be a good link to start with as it shows all of the women's shelters in the state. There are national charities of course, but I find starting at a local level is easier.

http://www.womenshelters.org/sta/georgia

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Eirlys
Knowflake

Posts: 296
From:
Registered: May 2013

posted May 20, 2015 12:12 PM     Click Here to See the Profile for Eirlys     Edit/Delete Message   Reply w/Quote
Hopefully, all is well?


--

"A Georgia landlord... cannot threaten a tenant, remove his or

her personal belongings from the rental property, shut off the

utilities or deny the tenant access to the property without first

following all the required steps in the Georgia eviction process.

Any self-eviction conduct could subject the landlord to criminal

charges of trespass and render him or her civilly liable for

monetary damages, including punitive damages, if the tenant brings

a civil suit."


§ 44-7-14.1


Illegal Eviction


Case law provided in links, above.

GA Eviction

"You can postpone eviction if you can show a good reason.

The court will consider your specific hardships, such as

young children or sick or elderly family members. If

hardships become extreme, you may be able to file for an

extension of time to vacate the premises with the court.

But if the court denies the extension, make preparations

to move immediately so that your possessions do not end

up in the street."


Valdosta.edu

--

Considering the landlords illegal behavior, the judge may

have sympathy, while she navigates the legal channels

available to her through HUD and GA's legal aid

options.

Or, maybe the landlord will decide to obey the law and

give proper notice when she's faced with the possibility

of a very real civil suit.

Would not mind hearing how this is progressing.

------------------
Nothing is permanent in this wicked world; not even our troubles.

-C Chaplin

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Dee
Moderator

Posts: 3563
From:
Registered: Apr 2009

posted May 20, 2015 06:17 PM     Click Here to See the Profile for Dee     Edit/Delete Message   Reply w/Quote
Sorry to hear this.

Maby the Salvation Army could help

I found this link for don't know if it was posted yet

http://actionministries.net/locations/housing/


Bridge of Hope
http://bridgeofhopeinc.org/

Mary Hall freedom house
http://maryhallfreedomhouse.org/helping-women-in-need/homeless-women/

HUD.GOV
http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/homeless

Family Promise

http://familypromisegwinnett.org/

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Randall
Webmaster

Posts: 53349
From: Saturn next to Charmaine
Registered: Apr 2009

posted May 21, 2015 11:45 AM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Update: The "landlord" knocked on all of the neighbors' doors yesterday. She had been watching them take turns using extension cords to give her power, so she can use fans to keep the baby from suffering heatstroke. The baby is only six months old. The landlord was livid. She said she was going to go pay $20 and swear out warrants for all of them. I'm not sure what she thinks she can obtain the warrants for. She was also saying a lot of bad things about the tenant--stuff like her being an unfit mother, because she's not married to the baby's father, and she told the neighbors that she is probably a shoplifter. That's harassment, slander, and defamation of character. She also knocked on my mom's door, and my mom (being the nice that person she is) tried to have a rational discussion with her, which she shouldn't have done. I told my mom after I heard about the conversation to never speak to her again. I told her that if she comes back to ask her to leave, and if she refuses to do so, to call the police and show her what a genuine trespassing charge is! The landlord is also opening the tenant's mail. We all know that is a federal offense. This is the tenant's home (with all rights associated therewith) until she is legally removed from it. It should be an exciting day in court next week.

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PixieJane
Moderator

Posts: 6428
From: CA
Registered: Oct 2010

posted May 21, 2015 05:01 PM     Click Here to See the Profile for PixieJane     Edit/Delete Message   Reply w/Quote
You need to set up a video cam to catch some of this stuff. Unless GA has laws against that, of course.

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Randall
Webmaster

Posts: 53349
From: Saturn next to Charmaine
Registered: Apr 2009

posted May 26, 2015 12:44 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Well, I learned a very valuable lesson today: Judges can do pretty much anything they want. This lady spoke first and told so many lies, but the judge fell for all of it. He wouldn't even allow the girl with the baby to speak. He stopped her when she began telling her side. She had no due process whatsoever. The "judge" (and I use that term loosely) ordered her out of the house within 14 days or she will be arrested. Judges in the lower courts in Georgia do not have to be attorneys, and this guy really proved that the law doesn't matter in this town. So, I guess all landlords have to do here is turn off utilities, change locks, harass their tenants, and swear out a trespassing warrant and avoid the inconvenience of legal evictions altogether. Evil won on this day.

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Dee
Moderator

Posts: 3563
From:
Registered: Apr 2009

posted May 26, 2015 01:16 PM     Click Here to See the Profile for Dee     Edit/Delete Message   Reply w/Quote
That's awful. Here in Maine there is a 3 day eviction..

And there's nothing anyone can do to extend the time on it.

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Ami Anne
Moderator

Posts: 62544
From: Pluto/house next to NickiG
Registered: Sep 2010

posted May 26, 2015 02:20 PM     Click Here to See the Profile for Ami Anne     Edit/Delete Message   Reply w/Quote

------------------
Want to Read Simple, Fun,Sexy Articles on Astrology? Check Me Out, DUDE.


http://www.mychristianpsychic.com/

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Padre35
Knowflake

Posts: 3974
From: Asheville, NC, US
Registered: Jul 2012

posted May 27, 2015 02:19 AM     Click Here to See the Profile for Padre35     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by Randall:
Well, I learned a very valuable lesson today: Judges can do pretty much anything they want. This lady spoke first and told so many lies, but the judge fell for all of it. He wouldn't even allow the girl with the baby to speak. He stopped her when she began telling her side. She had no due process whatsoever. The "judge" (and I use that term loosely) ordered her out of the house within 14 days or she will be arrested. Judges in the lower courts in Georgia do not have to be attorneys, and this guy really proved that the law doesn't matter in this town. So, I guess all landlords have to do here is turn off utilities, change locks, harass their tenants, and swear out a trespassing warrant and avoid the inconvenience of legal evictions altogether. Evil won on this day.

File an appeal in pauperis to a higher court and make a motion for a stay in the mean time


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Randall
Webmaster

Posts: 53349
From: Saturn next to Charmaine
Registered: Apr 2009

posted May 27, 2015 04:06 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
I plan on doing that to waive her filing fee for a Superior Court civil case; however, the judge said in no uncertain terms for her to get out or go to jail in 14 days.

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