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two weeks before a final decision. The amount ofrent due can be shown by attaching a copy of

the lease or evidence of past payments. The cotrwill order the tenant to make payments into

court that can then be distributedto the landlord. If the tenant fails to make the court ordered

payments,

the

court

can

order

the

tenant

to

bimmediately

removed

fom

the

property.

The

statute does not expressly state that a court ord is necessary to compelpayment of rent into

court. However, court decisions make clear thatbefore a court can order the tenant to vacate for

failure to make payments into court there must be court order that the tenant makes payment and

the amount to be paid.

The court gave me a “writ of possession” which states that my tenants are no longer entitled to remain in my rental house. How do I get my tenants and their property out of my house?

The “writ of possession” allows the landlordto remove from his property the tenant and

her

personal

property.

The

landlord

can

remove

the

tenant

and

those

persons

occupying

the

property

with

the

tenant’s

permission.

onalrs property

includes

the

tenant’s

general

belongings

such

as

clothing,

fuiture,

dishes,

and

other

househd l items.

The

landlord

is

responsible for the cost of theeviction and can use the service offered by the sheriff or hire a

private

company.

Georgia

law

(O.C.G.A.

§

44-7-55)

states

that

when

the

tenant’s

personal

property is removed from the rental unit it is to be placed on some portion of the landlord's land.

If the landlord and the officer executing the waant agree, the tenant’s property may be placed

on land other than that owned by the landlord such asthe sidewalk or street. The landlord owes

the tenant no duty to protect the personal propertremoved from the unit. After the “writ of

possession” is executed and the property removed from the rental property, the tenant’s personal

property is considered to be abandoned.

It is important that when a landlord removs a tenant’s property t at he place it on land

outside the unit. The landlord is not required tprotect the property fromthird-parties or the

63

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