2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 4 - Distress Warrants


Law reviews.

- For comment discussing due process problems with Georgia's distress warrant proceedings prior to the adoption of the 1975 Acts, see 9 Ga. St. B.J. 336 (1973).

JUDICIAL DECISIONS

Remedy strictly construed.

- Remedy of distraint is purely a creature of statute, and is subject to strict rules of construction. D. Jack Davis Corp. v. Karp, 175 Ga. App. 482, 333 S.E.2d 685 (1985).

Contracting to avoid statutory requirements.

- Landlord may not avoid in any lease "for the use or rental of real property as a dwelling place" any of the requirements set forth in former Code 1933, ยง 61-401 et seq. (see O.C.G.A. Art. 4, Ch. 7, T. 44); however, a landlord may contract to avoid these statutory requirements when renting property which was not to be used as a dwelling place. Colonial Self Storage of S.E., Inc. v. Concord Properties, Inc., 147 Ga. App. 493, 249 S.E.2d 310 (1978); Wilkerson v. Chattahoochee Parks, 244 Ga. 472, 260 S.E.2d 867 (1979).

Cited in Chatham v. World Arts & Crafts Ctr., Inc., 147 Ga. App. 421, 249 S.E.2d 139 (1978).

RESEARCH REFERENCES

ALR.

- Subject matter covered by landlord's statutory lien for rent, 9 A.L.R. 300; 96 A.L.R. 249.

Goods owned by stranger or subject to an encumbrance in his favor as subject to distraint for rent, 62 A.L.R. 1106.

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