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  1. #1
    Join Date
    Jan 2011
    Posts
    3

    Question Illegal Eviction

    My question involves an eviction in the state of: Atlanta, Ga

    Hello, I am in a situation where I went out of the country and told my roommate that I needed rent money early. Just by 2 or 3 days. I left her a letter before I went out of town and got no response. Left her emails and started calling her every day and no response...I then started to really worry. I have been in bad roommate situations before and started to really worry about things...they day I asked for payment I didn't get it so I got the locks changed on the door and she calls me as I am boarding the plane. Nothing I can do for her then... When I got back to the states we discussed things and she said that she doesn't think that she should have to pay rent or bills that she stayed in a hotel for the entire time i had locked her out. She said she didn't respond to me because her phone wasn't working and she went out of town the same dates i did, up until the time i went out of the country. So as a reasonable compromise for a lack of both of our communication i suggested i would prorate her rent. Now I just got a recent saying she's moving out. Though I have given her access to the apt since i've been back. In our roommate agreement it says you are supposed to give 30 days notice. I know I didn't do that, but I tried to reason w/ her and have given her access to the apt again.

    So if she moves out without doing a 30 day notice. Am i going to be able to sue her for back rent/bills?

    Also will she be able to sue me for an illegal eviction even though she really wasn't evicted and she now has access to the apt?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Illegal Eviction

    Whoa - you changed the locks on her? BEFORE her rent was actually due? Before going through the legal eviction process? Without one dot of consideration towards her legal rights?

    Frankly you should be thankful she's leaving without suing YOU. I would have had your backside in court the day you returned home.

  3. #3
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Illegal Eviction

    she probably is going to sue me...does anyone know how much she would get if she wins?

    and if i can at least sue for past rent and bills?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Eviction

    From your narrative, it does not appear that she moved back into the apartment after you illegally evicted her and locked her out. She does not have to forgive the illegal eviction or move back in merely because you offer her that opportunity, nor does she have to give you notice that she's ending the tenancy when you have already terminated the tenancy by locking her out. If your case for rent is, "After I illegally evicted her I told her she could move back in, she did not, so now she owes me thirty days notice," that's no case at all.

    You're free to try to make whatever case you believe you can make in relation to rent or utility bills.

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