O.C.G.A.

O.C.G.A. § 44-7-77 (2019)

Judgment and satisfaction; landlord’s liability; distribution of funds; return of property

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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. (b) 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.

History

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

Annotations

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 ALR4th 403.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Powell v. Est. of Austin, 462 S.E.2d 378 (Ga. Ct. App. 1995).

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Powell v. Est. of Austin, 462 S.E.2d 378 (Ga. Ct. App. 1995). · cites it 2× “) OCGA § 44-7-77 (a). Clearly, the legislature intended that a distress proceeding may be used to recover damages in addition to rent if they are somehow related to the lease.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.