She Lives There RENT FREE, Told Him She'd Move-Out…Plays DUMB In Court!

Hinzugefügt: 2026-05-05

[00:00:00]She's not supposed to be there, you know.

[00:00:02]>> So, what what did she agree to do?

[00:00:03]>> Pay pay half the rent or pay the bills or get a job. And, you know, this was January. It's almost May.

[00:00:11]>> Okay. Swear or affirm that the testimony you're about to give is the whole truth under penalty of perjury.

[00:00:18]>> Yes.

[00:00:21]>> Yes.

[00:00:21]>> Okay. Thank you. You can put your hands down. All right. So, I understand that y'all were not able to come to an agreement. Is that correct?

[00:00:30]You said you were not.

[00:00:32]>> Were you or were you not?

[00:00:34]>> We were.

[00:00:35]>> You were able to come to an agreement.

[00:00:37]>> Yes, ma'am.

[00:00:38]>> Okay. And what is that agreement?

[00:00:42]>> Um, I'll let him explain it. Malloy.

[00:00:48]>> Well, we came to the agreement that it would be um seven days.

[00:00:57]Um Go ahead.

[00:01:02]>> No, you I I cut you off. Go ahead.

[00:01:04]Sorry.

[00:01:05]>> Um, so basically I'm I'm not the the landlord. I'm just the tenant. I stay I I I'm the only one on the lease and um she came to stay as a for me it was a guest. I thought >> I don't I don't want to hear the background story right now if y'all have an agreement. Okay. I just miss Futch, did you agree that you will move out in seven days?

[00:01:31]>> Yes, ma'am.

[00:01:32]>> Okay. So, and did you sign an agreement with the mediators?

[00:01:39]>> Um, she said that she um had to like confirm whether we could go through with that or not because there was no landlord involved.

[00:01:50]>> We We didn't speak that with her yet. We She She went to I guess she talked to you. did speak to the mediator.

[00:01:56]>> You you talked to her, but she needed to come back and give you an update.

[00:01:59]>> Yes.

[00:02:00]>> Yes. Okay. Um, so I do have some concerns about this case because I don't think that Mr. Ree, based on what he just testified to under oath, is actually the landlord. I don't think there's a landlord tenant relationship here.

[00:02:14]>> No.

[00:02:14]>> Um, >> I mean, it is a relationship. I mean, >> not a landlord tenant relationship.

[00:02:20]>> All right, y'all. Don't talk to each other. Talk to me. Okay. Um, so I um I understand what you're doing, Mr. Reese, but I'm not sure that the law allows it.

[00:02:32]Um, because if you're not technically the owner of the property or have some contractual agreement, um, then, you know, I'm not sure that you can proceed with a dispossessory warrant, uh, dispossessory case in in this situation. Give me one second. I want to look something up really quickly. So, I I just wanted to kind of review the law really um quickly just to make sure that I understood um that you know in your situation because it's a little bit unusual. So, Mr. Ree, when you when y'all moved into this place, what was your agreement with Miss Futch?

[00:03:18]Um, first of all, I just want to say that I moved in to the apartment by myself. Like, I gathered all my things from my last apartment and I I literally moved them the washer, dryer, everything into the apartment, sofas, bed by myself on January 2nd. she came as a guest uh January 6 and it was a verbal agreement um where we had a conversation um that she was going to you know do certain things and we didn't we didn't it never happened you know >> what what did she agree to do >> okay uh you know uh just pay pay half the rent or pay the bills or get a job and you know this is January it's almost May.

[00:04:20]>> Okay. So which of those things cuz you said do this or do this or do this. So what what was the understanding or what was your intent for her?

[00:04:31]>> It was it was all of them combined.

[00:04:34]>> So she was meant to pay the rent, pay the bills and get a job. Basically, it was a verbal agreement and um we we had differences and um it it just it's just not working out.

[00:04:52]So, >> okay. When you sign So, are you the only person that signed the lease?

[00:04:57]>> Yes.

[00:04:58]>> Okay.

[00:05:02]Okay. And um did you already move out of this place?

[00:05:08]I'm I'm actually order I'm on a special like buns order where it's no contact.

[00:05:16]So I' I've been like staying in different hotels like and it's >> Hold on, Miss Fudge. I'm going to give you a chance. Is there a protective order that removed you from the property?

[00:05:28]>> Not a protective order. It's a special bonds order from the judge >> in a criminal case.

[00:05:37]A criminal case? Yes.

[00:05:39]>> Okay. Was that criminal case here in Dicab County?

[00:05:42]>> Yes. Dicab County. Yes, ma'am.

[00:05:44]>> Okay. So, now you're trying to get rid of her so that you can move it back into the apartment.

[00:05:50]>> Yes. I I've been staying, you know, basically I had spent night at least one night in my car, but I've been staying with friends, family, you know. So, I'm just I want to move back to my apartment. I have a ledger stating I've paid my rent for January, February, March, and April. You know, I haven't been there in since.

[00:06:17]>> Does the landlord know Does the landlord know she's there?

[00:06:21]>> They they by by the contract that I signed, the lease agreement I signed, she's not supposed to be there.

[00:06:32]But you let her in.

[00:06:34]>> But I let her come stay as a guest.

[00:06:39]>> Okay. So, um, did you give her You filed this for, uh, for a holding over.

[00:06:48]>> So, what what kind of notice to vacate did you give her?

[00:06:53]>> Um, well, I've had conversations. Everything was verbal. And um the first time the first time, you know, I called the police um in January to have her removed and we had a disagreement and you know um they told her that she had to go. But you know the second >> Okay, that's all hearsay because I you weren't you don't have that police officer here. So um I'm not really going to I don't want to hear what happened in that instance. My question to you was, what kind of notice to vacate did you give her or demand for possession?

[00:07:39]>> Um, everything was verbal. So, >> okay. So, the law requires that um notice to vacate be given um in writing and the law is very specific about it.

[00:07:52]Um, and so I'm I I'm not going to go ahead and grant your dispossessory warrant today. Um, not going to enter an order for possession because I don't think that um I'm not entirely sure that you have a landlord tenant possession relationship, but even if you do, you didn't follow the law in terms of giving a valid um demand for possession. Um, so let me just review the section of the law real quick.

[00:08:23]It shall be posted in a sealed envelope conspicuously on the door of the property and delivered via any additional method or methods agreed upon in the rental agreement. So, um verbal >> I just want to state I want to say that she was served um paperwork >> on >> she was served by the court with a dispossessory warrant, but we're talking about a step that comes before that that is required under the law. It's O It's um OCGA44-7-50 subsection D. You have to make a valid demand for possession in writing um and following the rule before you can file an eviction case, file the warrant. So, I'm not talking about proper service. It does look like she was personally served by the marshall with the dispossessory warrant. What I'm talking about is the step that comes before that, which is the demand for possession.

[00:09:17]All right. So, I'm going to go ahead and um deny your your um case today um following a hearing on the merits. So, um I recommend that you consult with an attorney about what your options are.

[00:09:30]>> Last last thing, well, I'm representing myself, so I don't I am not >> I am my attorney. So, I'm I'm asking if I have a uh like a no contact bun and how would I uh get this paper to her or just written >> you need to talk to an attorney about I think that's a very good question. It's a very good question and and um perhaps speak with your criminal defense attorney or your PD if you have one um or consult with an attorney if you can't afford to hire an attorney. You can certainly reach out to either Dicab Proono or Atlanta Legal Aid. Um, both of them provide free legal advice to lowincome people. Um, you do have rights to appeal. If you disagree with my decision, we would call that a petition for review. And, um, that would need to be filed within 7 days from the date of my order. Um, I will write up my order today, but I'm not sure if you'll get it today. Um, so you have seven days to file a petition for review in either the state or superior court if you so choose.

[00:10:33]Last thing though, judge, uh we had already came to a decision um and she said that she would leave in seven days.

[00:10:40]Is is that not if we already settled out of court? Is that not >> Did you sign an agreement?

[00:10:47]>> We we just had a a conver like in the uh in the break room.

[00:10:51]>> If you don't I wasn't party to that and no consent agreement has been submitted to me. So um >> the mediator the mediator didn't speak with you.

[00:11:00]>> No, I wouldn't have. Is it Miss Eller or Miss Davis?

[00:11:04]>> Yeah. It was a mediator between >> I know which which mediator, sir.

[00:11:09]>> Uh Miss >> It was the younger lady who joined us late. Um I need to look at her name. Um it was >> I understand. So Mr. Reese, um she did come out and said, "I spoke with these folks, but I'm not sure if there's a landlord tenant relationship." So that she did not present that there was an agreement. Is is she not Is she not available anymore? Like she's not on a Zoom call?

[00:11:34]>> I don't know. But Miss Miss Futch, do you want to enter an agreement at this point?

[00:11:39]>> Um I really need time.

[00:11:45]So no, I don't >> I would not have even if she had presented an agreement to me that was signed by both parties, if the defendant tells me when they when I ask them if they they no longer agree, I will not sign the agreement. Okay. So, if Miss Futch is telling me she does not want to sign the agreement, then we >> She said she she just said she just needed time. How much can we come up with a time period? Like a month or 30 days or something like that right now, judge?

[00:12:12]>> Sir, she just said that she does not want to enter into an agreement. So, this case is now concluded. I've entered my ruling.

[00:12:19]You will receive a written copy of my order. I strongly recommend that you consult with an attorney about what your options are at this point. Okay, Miss Futch, you know, if you're not paying rent to be there, you know, this may be coming along again in a different form or fashion. Um, so, you know, that's for you to consult with your own attorney about. Okay.

[00:12:39]>> Okay.

[00:12:40]>> All right. Um, any other questions before I conclude this case and y'all are excused?

[00:12:46]>> I got I got like one more question. uh uh following these proceedings uh or or this this right here uh I you say that I need to come up with a a written a written uh document and um hand it to her.

[00:13:08]>> No, sir. I said you need to follow the law. I cannot give you legal advice about what you need to do or not do. So, you need to look at the law or consult with an attorney about what your options are.

[00:13:23]I I can't give you legal advice.

[00:13:26]>> Oh, okay. Um, >> I I'll tell you the statute the sec the the statute is 44-7-50.

[00:13:35]It has the rules in it.

[00:13:40]>> I'm just trying to see what your ruling is for today. You said that >> I'm denying your your request for an order for for possession.

[00:13:52]>> Okay. Um and our our agreement that we had before this is >> no agreement was presented to me.

[00:14:02]>> She said she needed time.

[00:14:04]>> Sir, I've already addressed that question. As I said before, she told me that she did not want to enter into an agreement. That's what I heard.

[00:14:14]If you all want to work something else out outside of court, you're certainly free to do that.

[00:14:19]Um, but at this time, I've made my ruling.

[00:14:22]>> Okay. Thank you, judge.

[00:14:23]>> Thank you very much. And you do have the right to to file a petition for review if you disagree with my ruling today.

[00:14:29]Okay. I wish you'all both best of luck.

[00:14:32]>> Thank you so much. Have a nice day. All right. Thank you, Judge. Have a great day, judge.

[00:14:37]>> Thank you. You, too. All right.

[00:14:41]for position number three.

[00:14:45]>> All right. Any other announcements at this time?

[00:14:48]>> Your honor, I have two mediation announcements. Uh the parties on position 16 impass and the parties on position 4 came to an agreement and the tenant dropped off. Miss Sue has signed the agreement. She's >> If you're involved in a dispute with another party such as this and you just can't seem to work it out, don't resort to taking the law into your own hands.

[00:15:14]You take him to court.

[00:15:18]>> All right. Thank you very much. Officer Brow's waiting for you and that will bring this case to a conclusion.