Georgia Tenant's Right to Abandoned Property
When Is a Tenant's Property Considered Abandoned in Georgia?
Georgia’s landlord tenant code has specific rules when it comes to abandoned property. A landlord must wait a certain amount of time before he or she can get rid of the property and must obtain a court order to do so. Learn what a tenant’s rights to abandoned property are in the state.
What Is a Writ of Possession?
A landlord in Georgia may bring a tenant to court in order to evict the tenant from the property. The eviction could be due to unpaid rent or for any number of other violations of the lease agreement.
If the court rules in favor of the landlord, the court will order a writ of possession. This writ grants the landlord a judgment amount as well as grants possession of the property back to the landlord.
When Is the Property Considered Abandoned?
The writ of possession takes effect seven days after it was issued. Therefore, after this seven day window, any of the tenant’s personal possessions that are left anywhere on the landlords property, will be considered abandoned. The landlord is under no obligation to store the property for the tenant for any period of time. The landlord can elect to store the possessions at the property for a period of time but assumes no responsibility if something happens to the possessions.
If Tenant Wins Eviction Proceedings
If the court rules in favor of the tenant during the eviction proceedings, then the tenant and all the tenant’s possessions can remain at the property. The tenant could even be awarded damages for any landlord wrongdoing.
Georgia’s Law on Abandoned Property
If you would like to view the original text on Georgia’s Code regarding abandoned property, please see George Code Annotated § 44-7-55.