O.C.G.A. § 44-7-55 (2019)
Judgment; writ of possession; landlord’s liability for wrongful conduct; distribution of funds paid into court; personal property
(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56. (b) If the judgment is for the tenant, he shall be entitled to remain in the premises and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the court shall be distributed to the parties in accordance with the judgment of the court. (c) Any writ of possession issued pursuant to this article shall authorize the removal of the tenant or his or her personal property or both from the premises and permit the placement of such personal property on some portion of the landlord’s property or on other property as may be designated by the landlord and as may be approved by the executing officer; provided, however, that the landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property. After execution of the writ, such property shall be regarded as abandoned.
History
(Code 1933, § 61-305, enacted by Ga. L. 1970, p. 968, § 4; Ga. L. 1994, p. 1150, § 2; Ga. L. 1998, p. 1380, § 3; Ga. L. 2004, p. 151, § 1.)
Annotations
JUDICIAL DECISIONS Constitutionality of former section, see Rush v. Southern Property Mgt., Inc., 121 Ga. App. 360, 173 S.E.2d 744 (1970). Construction of subsection (c). - While O.C.G.A. § 44-7-55(c) provides that the landlord shall not be a bailee and shall owe no duty to the tenant with regard to the tenant’s personal property, a Georgia appellate court interprets that provision as being contingent upon the landlord first placing the tenant’s property on some portion of the landlord’s property or on other specific property designated by the landlord and approved by the executing officer. Washington v. Harrison, 299 Ga. App. 335, 682 S.E.2d
679 (2009), cert. denied, No. S09C2052, 2010 Ga. LEXIS 45 (Ga. 2010). Collection of notes for back lease payments and associated costs may be tried with dispossessory action. - When corporate tenant executed a demand promissory note to landlord for attorney fees paid by landlord for collecting rent due prior to the date thereof, later executed another demand promissory note to landlord to defer lease payments for the months of June through September, and subsequently defaulted on its lease payments to landlord and also defaulted on its payments on the demand notes, since the promissory notes were
clearly claims ‘‘relating to the dispute’’ between the parties, the trial court erred in ruling that the collection of the notes could not be tried with the dispossessory action, and the trial court also erred in excluding the notes and letters demanding payment thereof from evidence. Twin Tower Joint Venture v. American Mktg. & Communications Corp., 166 Ga. App. 364, 304 S.E.2d 493 (1983). Authority of magistrate in dispossessory action. - Magistrate had the power to enter a judgment in a dispossessory action directing the landlord to perform repairs to the tenant’s apartment; thus, the landlord’s argument that the magistrate lacked subject matter jurisdiction to enter such an order was rejected. H. J. Russell & Co. v. Manuel, 264 Ga. App. 273, 590 S.E.2d 250 (2003). Improper disposal of personal property. - Trial court properly found a couple liable for converting personal property belonging to an owner with whom the couple were involved in a dispute over certain real property since the couple wrongfully had a salvage company dispose of the personal property instead of complying with O.C.G.A. § 44-7-55(c) by placing the property at the front of the lot. However, the damages award of $192,487.13 in favor of the owner was vacated as the owner’s opinion testimony as to the value of the owner’s property was insufficient for valuation purposes. Washington v. Harrison, 299 Ga. App. 335, 682 S.E.2d 679 (2009), cert. denied, No. S09C2052, 2010 Ga. LEXIS 45 (Ga. 2010).
Writ upheld. - Appellate court upheld the trial court’s grant to a landowner of a writ of possession against the commercial tenants as there was evidence that supported the finding that the landowner had given adequate and repeated notices to the tenants, and any possible risks to the tenants’ patients was caused by their own delays in responding to the landowner’s notice and proposed extensions of the lease term; no proof that the landowner breached a non-compete covenant in the lease was offered, and the trial court’s determination that the tenants failed to show misconduct by the landowner was supported by the evidence. Davita, Inc. v. Othman, 270 Ga. App. 93, 606 S.E.2d 112 (2004). Cited in Sanks v. Georgia, 401 U.S. 144, 91 S. Ct. 593, 27 L. Ed. 2d 741 (1971); Blocker v. Blackburn, 228 Ga. 285, 185 S.E.2d 56 (1971); Browning v. F.E. Fortenberry & Sons, 131 Ga. App. 498, 206 S.E.2d 101 (1974); Lopez v. Dlearo, 232 Ga. 339, 206 S.E.2d 454 (1974); First Fed. Sav. & Loan Ass’n v. Shepherd, 131 Ga. App. 692, 206 S.E.2d 571 (1974); Vlahos v. DeLong, 132 Ga. App. 722, 209 S.E.2d 12 (1974); Burger King Corp. v. Garrick, 149 Ga. App. 186, 253 S.E.2d 852 (1979); Lantz v. White, 152 Ga. App. 389, 262 S.E.2d 640 (1979); Leverette v. Moran, 153 Ga. App. 825, 266 S.E.2d 574 (1980); Housing Auth. v. Hudson, 250 Ga. 109, 296 S.E.2d 558 (1982); America Net, Inc. v. U.S. Cover, Inc., 243 Ga. App. 204, 532 S.E.2d 756 (2000).
RESEARCH REFERENCES Am. Jur. 2d. - 49 Am. Jur. 2d, Landlord and Tenant, § 960. C.J.S. - 52A C.J.S., Landlord and Tenant, § 1392. ALR. - Liability for damage to person or goods during execution of eviction process, 56 ALR 1039. Measure of damages for tenant’s failure to
surrender possession of rented premises, 32 ALR2d 582. Right of landlord legally entitled to possession to dispossess tenant without legal process, 6 ALR3d 177. Landlord and tenant: respective rights in excess rent when landlord relets at higher rent during lessee’s term, 50 ALR4th 403.