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2018 Georgia Code 44-7-49 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-7-49 Case Law from Google Scholar Amendments to OCGA 44-7-49

TITLE 44 PROPERTY

Section 7. Landlord and Tenant, 44-7-1 through 44-7-119.

ARTICLE 3 DISPOSSESSORY PROCEEDINGS

44-7-49. "Writ of possession" defined.

As used in this article, the term "writ of possession" means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or other property.

(Code 1981, §44-7-49, enacted by Ga. L. 2007, p. 498, § 1/SB 94.)

Law reviews.

- For comment, "Providing Fair Relief in Georgia Dispossessory Proceedings," see 32 Georgia St. U.L. Rev. 1003 (2016).

JUDICIAL DECISIONS

Challenge to dispossession following foreclosure sale.

- In a dispossessory action by the buyer at a foreclosure sale against the occupant of the foreclosed-upon property, a challenge to the validity of the foreclosure failed because the occupant could not attack dispossession without first setting aside the foreclosure and deed. Even if the occupant's defenses were available in a dispossessory proceeding, the court could not review those defenses because the occupant failed to include a trial transcript in the record. Owens v. Green Tree Servicing LLC, 300 Ga. App. 22, 684 S.E.2d 99 (2009).

Invalidity of foreclosure not defense.

- In a dispossessory action brought by the buyer at a foreclosure sale against the occupant of the property that had been foreclosed upon, the occupant could not assert the alleged invalidity of the foreclosure sale as a defense. Moreover, the occupant failed to include a trial transcript in the record on appeal. Jackman v. Lasalle Bank, N.A., 299 Ga. App. 894, 683 S.E.2d 925 (2009).

Cases Citing O.C.G.A. § 44-7-49

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Efficiency Lodge, Inc. v. Neason, 889 S.E.2d 789 (Ga. 2023).

Cited 10 times | Published | Supreme Court of Georgia | Jun 21, 2023 | 316 Ga. 551

...when it becomes due,” the landlord may make a demand for posses- sion, OCGA § 44-7-50 (a), and if the tenant does not deliver posses- sion, the landlord may seek a writ of possession in superior court. 3 OCGA § 44-7-49 et seq....
...of “Innkeeper and Guest,” but they also expressly contemplated evic- tion actions in court, which is a thing landlords must do to evict ten- ants. See Efficiency Lodge, Inc. v. Neason, 363 Ga. App. 19, 23 (1) (a) (870 SE2d 549) (2022); OCGA § 44-7-49 et seq....
...and the tenant’s rights—when a tenant fails to pay rent or stays past a specified rental term. That remedy is to go to court and get a writ of possession, which author- izes the landlord to have the tenant evicted by lawful means. See OCGA §§ 44-7-49; 44-7-50; 44-7-55....