Habitat - March/April 2018 - 10

LEGAL CORNER

Handling the Disposal of
Resident's Property After Eviction

I

J. Mike Williams
Fowler, Hein, Cheatwood
& Williams, P.A.

f it is necessary to go all the
way through a dispossessory
proceeding and perform an actual
physical eviction or set-out, it
may be difficult to know what to do with
the resident's property. Most resident's
either pay the past due rent owed or
move without going through the physical
eviction. Based upon the overall number
of evictions filed in Georgia, there are a
relatively small percentage of cases that
result in set-out or physical eviction.
By using the dispossessory process
and performing the set-out under the
supervision of the sheriff or marshal,
the owner or manager is protected
from liability under Georgia law. GAA
and AAA's Governmental Affairs team
was instrumental to the benefit of

the members the passing of O.C.G.A.
44-7-55 (c). The language added in 2004
reads as follows:
"Any writ of possession issued
pursuant to this article shall authorize
the removal of the tenant or his or her
personal property or both from the
premises and permit the placement
of such personal property on some
portion of the landlord's property as
may be designated by the landlord and
as may be approved by the executing
officer; provided, however, that the
landlord shall not be a bailee of such
personal property and shall owe no duty
to the tenant regarding such personal
property. After execution of the writ,
such property shall be regarded as
abandoned. O.C.G.A. 44-7-55 (c)

Have an on-site
challenge?
... Ask the Lawyer

This law only applies when the court
has issued the writ of possession and
the sheriff or marshal is coming out to
the property so that possession can be
given back to the owner or manager.
The law gives the owner or manger
the option of placing the resident's
property somewhere in the apartment
community other than the right-of-way
during an eviction, provided it is
approved by the marshal or sheriff
performing the eviction. The property
may be placed on the right-of way if
designated by owner or manager and
approved by the sheriff or marshal who
is executing the set out. Typically, the
sheriff or marshal when practical will
allow the property to be placed near the
dumpster or some other convenient area.

Do you have a legal question involving multifamily housing
you've always wanted to ask? AAA invites you to ask away!
Your question may be featured in our bi-monthly magazine,
Habitat. We will guarantee your anonymity by not publishing
any personal information. Once you submit your question, it
will be forwarded to legal counsel at Fowler, Hein, Cheatwood
& Williams, P.A. Your *question and the answer may appear
in a future issue of Habitat so all members can benefit.
Please submit questions to: info@atl-apt.org

Deadline: April 5, 2018
Fowler, Hein, Cheatwood & Williams serves as corporate
and litigation counsel in the multifamily housing industry.
Their practice areas include, but are not limited to evictions,
defense of lawsuits, mold litigation, fair housing defense
throughout the country, code enforcement defense, lease
revision and general consultation of their clients.
*questions may be edited to fit space in publication

10 | H A B I T A T | w w w.atl-apt.org


http://www.atl-apt.org

Table of Contents for the Digital Edition of Habitat - March/April 2018

Chair's Message
Legal Corner
Getting Engaged in Government Affairs
Government Affairs
AAA Makes a Difference on Local Issues
Education Connection
Curb Appeal
Workforce Development Update
Volunteer's Corner
AAA Gold Patron Member Profile: PDQ Services
New Members
Advertising Index
Habitat - March/April 2018 - Intro
Habitat - March/April 2018 - cover1
Habitat - March/April 2018 - cover2
Habitat - March/April 2018 - 3
Habitat - March/April 2018 - 4
Habitat - March/April 2018 - 5
Habitat - March/April 2018 - 6
Habitat - March/April 2018 - 7
Habitat - March/April 2018 - 8
Habitat - March/April 2018 - Chair's Message
Habitat - March/April 2018 - Legal Corner
Habitat - March/April 2018 - 11
Habitat - March/April 2018 - Getting Engaged in Government Affairs
Habitat - March/April 2018 - 13
Habitat - March/April 2018 - 14
Habitat - March/April 2018 - 15
Habitat - March/April 2018 - Government Affairs
Habitat - March/April 2018 - 17
Habitat - March/April 2018 - AAA Makes a Difference on Local Issues
Habitat - March/April 2018 - 19
Habitat - March/April 2018 - Education Connection
Habitat - March/April 2018 - Curb Appeal
Habitat - March/April 2018 - 22
Habitat - March/April 2018 - 23
Habitat - March/April 2018 - 24
Habitat - March/April 2018 - Workforce Development Update
Habitat - March/April 2018 - Volunteer's Corner
Habitat - March/April 2018 - 27
Habitat - March/April 2018 - 28
Habitat - March/April 2018 - 29
Habitat - March/April 2018 - 30
Habitat - March/April 2018 - AAA Gold Patron Member Profile: PDQ Services
Habitat - March/April 2018 - 32
Habitat - March/April 2018 - New Members
Habitat - March/April 2018 - Advertising Index
Habitat - March/April 2018 - cover3
Habitat - March/April 2018 - cover4
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