What Happens After a Georgia Writ of Possession is Granted?

1. If the court rules in the landlord’s favor, the landlord should request a writ of possessionthat requires the tenant move after seven (7) days and pay past rent owed. The writ is a separate document from the court’s order. Once a writ of possession is issued, the following occurs:
   • Generally, the Marshall will supervise the landlord’s removal of a tenant who refuses to leave the property. The landlord is responsible for the cost of eviction.
   • When a tenant’s personal property is removed, it must be placed on some portion of the landlord’s land. If the landlord and officer executing the warrant agree, the property may be placed on land other than that owned by the landlord, such as the sidewalk or street. The landlord must use reasonable care in removing the property, but once removed, the landlord cannot be held liable for anything that happens to the tenant’s private property. If the landlord transports the property elsewhere or leaves it in the unit, he may be sued by the tenant for taking the property.
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Once judgment has been entered in the landlord’s favor, the tenant can still be removed even if the tenant pays the landlord.

Many property managers incorrectly think that after they obtain a judgment of Eviction and a writ that they can then change the locks and toss out the tenant’s personal property if the tenant cannot leave. Please do not do this. If the renter fails to leave the unit, even after there has actually been a judgment and a writ provided, the only legal way to get rid of the tenant is to employ the Constable and to have the writ performed If a landlord tries to unlawfully force out an occupant (likewise described as a “self-help” expulsion) the property owner is opening himself/herself up to either civil or criminal liability, or both.

The renter can take legal action against the proprietor that took part in a self-help Eviction for double damages and lawyer costs. While it may appear “unreasonable” to need the landlord to expend more money and time after they have already acquired a judgment of Eviction against a nonpaying occupant, that is what the law requires.

Once judgment has been entered in the landlord’s favor, the tenant can still be removed even if the tenant pays the landlord.

It is necessary that the landlord or his agent be present during the Eviction process to respond to any concerns that the Marshall may have and to supervise the moving company and the locksmith professional. Tenants can lie to the Marshall that the refrigerator and stove in the rental unit were theirs, so it’s critical to pay attention to details while you’re supervising the move. 

Let EvictDekalb County handle the WRIT for you so that you do not have any of these problems nor will you need to arrange all the labor that enters into the expulsion.