2022 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 3 - Dispossessory Proceedings
§ 44-7-56. [Effective July 1, 2023. See note.] Appeal; Procedure; Possession and Payment of Rent Pending Appeal

Universal Citation: GA Code § 44-7-56 (2022)
  1. Any judgment by the trial court shall be appealable pursuant to Chapters 3, 6, and 7 of Title 5.
  2. An appeal made pursuant to subsection (a) of this Code section shall proceed as follows:
    1. A copy of the petition for review filed in the reviewing superior or state court or the notice of appeal shall be filed with the clerk of the trial court within seven days after the date the judgment was entered in the trial court;
    2. The clerk shall immediately notify the trial judge of the petition for review or notice of appeal, and the trial judge may, within 15 days after the same is filed in the trial court, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case;
    3. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall notify the trial court of his or her appeal and pay into the registry of the reviewing superior or state court all sums found by the trial court to be due for rent in order to remain in possession of the premises; and
    4. The tenant shall pay all future rent as it becomes due into the registry of the reviewing superior or state court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal.

History. Code 1933, § 61-306, enacted by Ga. L. 1970, p. 968, § 5; Ga. L. 1984, p. 859, § 1; Ga. L. 1985, p. 149, § 44; Ga. L. 1994, p. 1150, § 3; Ga. L. 1998, p. 1380, § 4; Ga. L. 2006, p. 656, § 1.3/HB 1273; Ga. L. 2022, p. 767, § 2-35/HB 916.

Delayed effective date.

Code Section 44-7-56 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.

The 2022 amendment, effective July 1, 2023, rewrote this Code section. See Editor’s notes for applicability.

Editor’s notes.

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

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