First possession/eviction hearing today/ question inside

[Gabe G.]

I had my first immediate possession/eviction hearing today.

The judge ordered the tenant out by Monday the 21st, and then set a damages hearing for August, tenant wasnt happy of course.

I inspected the place yesterday. No major damages, but all kinds of stuff, random people living there, that werent authorized, carpet, stains, and cleaning needed at the least.

By the time the tenant moves out, they will owe me about 1300 in rent/late fees.

I have a 1k security deposit, that I will be keeping.

Considering it is always hard to recover money from tenants, especially degenerate ones, would it make sense, to offer to the tenant, if the place is cleaned, the keys and garage door opener is left, and all stuff is removed, and you are out by the 21st per the judges order(not by a sheriff the next day) that I will drop the damages hearing?

To me this is a win/win, this saves me the time/money to have a sheriff come out, it gives him an incentive to not put a sledgehammer through walls, or cause damages, and to him, it prevents a judgement on his credit report, it saves him hundreds of dollars in a judgement, and possibly even will prevent, the eviction from coming up on future landlord screens(which is something I don't like, as these type of people and their actions need to be public record).

Thoughts?

[Joel Owens]

"random people living there, that werent authorized"

Forget all the other stuff you just said.

I don't know about in your state but mine in GA you have to file a separate action that says "and all others" when doing the eviction.

This covers all unknown people over 18 years old not on the lease. Otherwise what happens is you go to evict and Marshall shows up to where you throw tenants stuff out where indicated.

Some people are there that are not on the lease. Marshall tells you they can only evict people mentioned on the eviction filing that was granted. Now you have to go through eviction all over again on the people that are still living there. Doesn't matter if you have a lease with you or not they took up residence there. You need to IMMEDIATELY check on the eviction order you were granted to see if it covers other people in the unit not mentioned on the lease or the eviction order.

When we filed in GA it would be about 80 bucks to do ourselves and we mentioned everyone on the lease. Then for another 10 bucks added on "and all others". Then when we were granted eviction all parties would be removed from the unit and we changed locks on all doors right away and secured. If a child is unclaimed in the property 18 years or younger then the Marshall would take them away to get processed for help.

Your state might be different. No legal advice.