2021 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 4 - Distress Warrants
- § 44-7-70. Power of Landlord to Distrain for Rent
- § 44-7-71. Application for Distress Warrant
- § 44-7-72. Issuance of Summons; Service on Defendant; Time for Hearing
- § 44-7-73. When Tender of Payment by Tenant Serves as Complete Defense
- § 44-7-74. Answer; Grant of Distress Warrant on Failure to Answer; Trial; Possession Pending Final Outcome
- § 44-7-75. Payment of Rent Into Court; Transfer and Possession of Property Pending Trial; Seizure; Disposition of Funds
- § 44-7-76. Bond; Determination of Amount; Effect of Approval on Alienability of Property
- § 44-7-77. Judgment and Satisfaction; Landlord's Liability; Distribution of Funds; Return of Property
- § 44-7-78. Appeal; Possession Pending Appeal
- § 44-7-79. Execution and Levy of Distress Warrant; Sale
- § 44-7-80. Time for Attachment of Landlord's Lien; Priorities
- § 44-7-81. Claims by Third Persons; Oath and Bond; Method of Trial
- § 44-7-82. Application of Article to Tenant's Mobile Home
- 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.
