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2018 Georgia Code 44-7-77 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-7-77 Case Law from Google Scholar Amendments to OCGA 44-7-77

TITLE 44 PROPERTY

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

ARTICLE 4 DISTRESS WARRANTS

44-7-77. Judgment and satisfaction; landlord's liability; distribution of funds; return of property.

  1. If, on the trial of the case, the judgment is against the tenant, the judgment shall be entered against the tenant for all rent due and for any other claim relating to the dispute and the distress warrant shall be granted.
  2. If the judgment is for the tenant, he shall be entitled to remain in the premises and in possession of his property 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. If the tenant has been deprived of the possession of his property pendente lite pursuant to subsection (e) of Code Section 44-7-75, the court shall order that the property be returned immediately to the tenant.

(Code 1933, § 61-406, enacted by Ga. L. 1975, p. 1514, § 2; Ga. L. 1982, p. 3, § 44.)

JUDICIAL DECISIONS

Damages in addition to rent.

- Distress proceeding may be used to recover damages in addition to rent if the damages are somehow related to the lease; thus, the trial court did not err in admitting evidence regarding physical damages to the property at the time the property was vacated. Powell v. Estate of Austin, 218 Ga. App. 446, 462 S.E.2d 378 (1995).

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 615 et seq.

C.J.S.

- 52A C.J.S., Landlord and Tenant, §§ 1311, 1312.

ALR.

- Landlord and tenant: respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.

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