Is a Residential Lease Void If Not Signed by Both Listed Tenants in Georgia?
When you prepare a lease for new tenants moving into your Georgia rental unit, you should list every adult who will live at the premises and have them all sign the lease. However, it can happen that one tenant turns up to get the keys and sign the lease and the other is not available to sign. If you find yourself in this situation, and have allowed only one tenant to sign, your legal rights may be compromised.
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Signed Tenant Remains
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If the tenant who signed the lease still remains in the property, your lease with that tenant is valid and you will be able to enforce all your rights with her. You can expect her to pay the rent in full and on time and adhere to all the other provisions of the lease. You have the right to evict this person if she does not abide by the lease.
Signed Tenant Leaves
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If the tenant who signed the lease leaves, but the tenant who did not sign remains, you have a much different situation. You now have someone living in your rental unit with whom you do not have a legally enforceable contract. He may argue that he is not bound to pay you rent, and it may prove more complex to evict him because of the lack of a signed lease.
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Tenant-at-Will
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The person who does not sign the lease, but who lives at the property with the landlord's consent and pays rent is known in Georgia law as a "tenant at will.' He is considered to have an oral contract based on his agreement with the landlord. The landlord must give 60 days' notice to a tenant at will of any changes to the agreement or a demand to leave the premises. The tenant must give the landlord 30 days' notice to change the agreement or leave.
Importance to Tenants
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If you are moving in with a co-tenant who is also named on the lease, it provides important legal protections for you to ensure that she also signs the lease. Do not sign a lease and accept keys for a unit without your co-tenant being present and also signing. If you do, you can be held liable for the full amount of the rent and all other provisions of the lease by yourself.
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