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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23973
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I WAS HELPING A CHURCH MEMBER WITH AN EMERGENCY AND RENTED M

Customer Question

HELLO,
I WAS HELPING A CHURCH MEMBER WITH AN EMERGENCY AND RENTED HIM A ROOM IN MY HOME THAT I RENT, AND I DIDN'T MAKE UP A FORMAL LEASE. HE CAME IN JUNE AND LEFT SOMEWHERE IN SEPTEMBER. BUT THEN HE RETURNED IN NOVEMBER ON THE 8TH. HE HAS BEEN WORKING, BUT HAS NOT PAID HIS $75.00 WEEKLY RENT UNTIL DECEMBER 21ST, OF 2015(PAID 2 WEEKS OF $150.00, WHICH WAS APPLIED TO THE FIRST 2 WEEKS NOVEMBER.)
IN DECEMBER, FOR CHRISTMAS WEEKEND, HE WENT TO VISIT HIS PARENTS IN NORTH CAROLINA AND WENT BACK THE FOLLOWING WEEKEND FOR NEW YEARS. WHEN HE RETURNED, HE ACCUSED ME OF GOING INTO HIS ROOM AND STEALING A 14 CARAT GOLD DIAMOND RING AND A GOLD CHAIN AND CROSS NECKLACE WORTH $ 2,500.00 AND CLAIMS HE ONLY OWES $ 300.00 IN RENT.
I NATURALLY HAD NO IDEA AS TO WHAT HE WAS TALKING ABOUT, SO I CALLED THE NON-EMERGENCY POLICE AND WAS ADVISED THAT SINCE HE'S BEEN THERE OVER 30 DAYS I MUST GET A DISPOSSESSORY NOTICE WHICH I DID.
NOW I HAVE A CHATHAM COUNTY, GEORGIA COURT DATE FOR JANUARY 21ST, 2016.
EVEN THOUGH I HAVE WRITTEN DOWN JUST WHAT HE OWES ME, THERE IS NO PROOF THAT I DID NOT TAKE ANYTHING FROM HIM, SHORT OF BRINGING EVERY PIECE OF JEWERLY I OWN AND LETTING HIM GO THROUGH IT.
MY QUESTION NOW IS: WHAT'S MY NEXT STEP?
I'D LIKE TO TAKE THIS TIME TO THANK YOU IN ADVANCE FOR ANY HELP THAT YOU COULD GIVE ME.
SINCERELY,
MS. ***** ***** (###) ###-####
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Ms. Carter, good afternoon. I certainly understand the situation and your concern. The allegations he has made that you stole pieces of jewelry from him, are not necessarily relevant to the eviction and you having him removed from your rental home. I say this because that would be criminal and if he wanted to take action, he would need to contact the police and file a report and have them investigate the matter and then decide if there is enough evidence, to allow them to make an arrest and have you prosecuted. The merely accusation is not enough. Now, you are dealing with a civil matter, so you want to show that there was an agreed upon rent which he was supposed to pay, he did not an you now want him out of the rental, for that basis. Unless he can show he paid you, he has no right to stay and he can not use the allegation of threat and what he claims you stole, to offset the money is owed. Moreover, he would need to file a counter-claim to offset and receive any damages and he can not just appear and say you stole X, Y and Z and therefore he does not owe you anything and can just stay. It does not work that way. You want to show the Judge it is your rental, you allowed him to stay based upon an agreement that he pay you weekly rent, he has failed to do so and as a result, you want it ordered that he vacate.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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