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My roommates soon to be ex-husband has left all of his

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My roommates soon to...

My roommates soon to be ex-husband has left all of his possessions in our house. He keeps making excuses as to why he can't get them. He moved out on October 22nd of this year. How long until we can get rid of it without his approval?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has been told numerous times, verbally to remove his property and has refused, stating he either doesn't have room or expects my roommate and I to sort and pack his things for him.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
11/25/2017
Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 7 months ago

Is he still a named party to the lease?

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Lawyer: Nisha Jones,
 replied 7 months ago

Is he still continuing to pay rent on the lease? Or have you three come to another arrangement?

The reason being that if he is still a named party to the lease and is paying his share of the rent, then he is still legally entitled to have his belongings kept there, even if he is not physically present at the house. The removal of his things could then give rise to a potential lawsuit in small claims court.

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Customer reply replied 7 months ago
He has never paid rent. He is currently unemployed.
Lawyer: Nisha Jones,
 replied 7 months ago

I'm going to be away from the site, I'll opt out so that another expert can assist you. Thanks!

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Lawyer: LegalKnowledge, Attorney replied 7 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,342
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified

Good afternoon. I see your previous expert opted out. In a situation like this, you should let your roommate make the decision and take action. I say this because this is their soon to be ex and you should try to avoid getting involved. Normally, if a tenant vacates the property and leaves personal items, a 30-day notice to retrieve them is given and if they are not obtained, assumed to be abandoned. If he is on the lease, he can still leave those items there and his wife would need to remove them and deal with him or allow them to be stored. I know it is not ideal but if she is still on the lease with her and you and she is paying rent, on their behalf, you can not doo anything and it would be up to her, to act.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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