Current through 2023-2024 Legislative Session Chapters 1-374, 376-386, 393, 394, 397, 398, 406-412, 414, 415, 421, 424, 427, 429, 430, 432-456, 460, 461, 471, 473, 475, 478, 480, 483, 484, 488, 490
Section 44-7-55 - 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.(d) Subject to subsection (a) of this Code section and Code Section 44-7-59, applications for execution of a writ of possession shall be made within 30 days of issuance of the writ of possession unless such application for said writ is accompanied by an affidavit showing good cause for the delay in applying for execution of the writ. The failure to execute a writ in conformity with this Code section shall require the applicant to apply for a new writ.(e) Nothing in this Code section shall require a sheriff, constable, or marshal to execute a writ of possession within 30 days from the issuance of any order granting a writ of possession, or the issuance, application, or request for the execution of the writ of possession; provided, however, that in the event the sheriff, sheriff deputy, constable, or marshal is unable to execute the writ within 14 days from the landlord's application or request for such execution, the landlord shall be entitled to utilize the services of an off-duty sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council having authority within the jurisdiction wherein the premises lie to execute such writ at the landlord's sole cost and expense. The sheriff, sheriff deputy, constable, or marshal shall maintain a list of authorized off-duty sheriffs, sheriff deputies, constables, marshals, and other individuals certified by the Georgia Peace Officer Standards and Training Council and make the same available upon request by the landlord. The sheriff, sheriff deputy, constable or marshal shall maintain administrative authority over any persons executing writs under this subsection. The landlord shall provide written notice to the sheriff, sheriff deputy, constable, or marshal of the date and time of the execution of the writ by such off-duty sheriff, sheriff deputy, constable, marshal, or other individuals certified by the Georgia Peace Officer Standards and Training Council at least five calendar days in advance of such execution in order to permit the sheriff, sheriff deputy, constable, or marshal to note the same within their own records.Amended by 2024 Ga. Laws 484,§ 1, eff. 4/24/2024.Amended by 2019 Ga. Laws 230,§ 2, eff. 7/1/2019.Amended by 2004 Ga. Laws 454, § 1, eff. 7/1/2004.