The timeline can vary depending on the specifics of the case and the court schedule. On average, the eviction process in Georgia can take anywhere from 30 to 45 days from filing to tenant removal.
The Importance of Ensuring All Residents Sign the Lease
Asset Management
The Importance of Ensuring All Residents Sign the Lease
Overview: It’s a common oversight in property management: a lease intended for multiple residents only gets signed by one. This seemingly minor oversight can lead to significant legal complications. Here’s why it’s crucial to ensure all residents sign the lease and how to handle such situations.
Typical Scenario: John and Mary Smith are ready to move in. They’ve been approved, paid their deposits, and all that remains is the lease signing. On the day, John arrives without Mary due to an unforeseen emergency. You allow John to sign, expecting Mary to do so later. Days turn into weeks, and Mary’s signature is still missing. This might seem familiar, and it’s more common than you think.
Potential Consequences: Three months down the line, rent is missing. Upon investigation, you find unauthorized occupants and a missing signatory, John. Mary, though named in the lease, hasn’t signed it. This puts you in a precarious position. Without her signature, she’s not legally bound to the lease’s terms. This can lead to complications if eviction becomes necessary.
Moreover, if both residents decide to break the lease, the absence of one signature can be used as a loophole. For instance, if John and Mary decide to buy a house, their attorney might argue the lease isn’t fully executed due to Mary’s missing signature. This can lead to potential losses and legal battles.
The Solution: To avoid such complications:
- Ensure All Signatures Before Handing Over Keys: Never allow residents to move in unless all intended signatories have signed the lease.
- Use Technology: If a resident is unavailable, utilize technology. Fax or email the lease for them to sign and return. While a faxed signature might raise questions, it’s stronger than no signature at all.
- Stay Firm: It’s essential to remain steadfast. If one party can’t sign immediately, wait. It’s better to delay the move-in than face potential legal complications later.
Conclusion: Ensuring all residents sign the lease is a simple yet crucial step in property management. It safeguards your interests and prevents potential legal issues down the road. Always prioritize complete documentation to ensure smooth tenancy and protect your assets.
Frequently asked
questions
We understand that the eviction process can raise many questions. Below are answers to some of the most common questions we receive from property managers, real estate investors, and hedge funds.
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How long does the eviction process take?
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What documents are required to start the eviction?You'll need the lease agreement, any notices you’ve provided to the tenant, and a completed eviction form. Our team will guide you through gathering all the necessary paperwork.
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Do I have to attend court for the eviction?In most cases, yes, you or a representative will need to attend the hearing. However, Local Evictions LLC can assist with preparing your case and making sure you’re fully prepared for court.
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What happens if the tenant refuses to leave after the eviction order?If the tenant refuses to leave, we will coordinate with the local Marshals to enforce the court’s order and oversee the setout process to legally remove the tenant and their belongings.
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What Our CLients Said
We used Local Evictions for two setouts we had. Will and his team did a great job. Very professional and great communication! We look forward working with them more in the future. Will absolutely recommend them! Thank you for your help!
Martha Zeidan
Will at Local Eviction did an absolutely incredible job. I couldn't have done this eviction without him. He dealt with a completely insane family we had to evict with complete professionalism. I'd recommend Local Eviction to anyone. They are communicative, on time, courteous, and thorough. If you have a tough eviction, talk to Will.
Andrew Glavan
I used Will and his team for a recent tenant eviction … it could not have gone smoother !! They arrived early, got the job done, and were very professional. Would highly recommend them
Ronnie Barnes
