Habitat - March/April 2018 - 11

It's always a good practice to seek out one
or two convenient locations and ask the
sheriff or marshal whether the items can
be set out at that location.
Once the resident's personal property
is set out to the designated area, the law
then deems the property to be abandoned.
This means that the personal property
may be removed or disposed of it without
further delay. This does not mean that the
resident's property becomes the property
of the owner or manager or its employees.
Management is not required to store
or take the resident's property after the
set out or physical eviction. In fact, the
best practice is to dispose of the personal
property from the designated area after
waiting a sufficient amount of time.
For example, if the eviction occurs at
10:00 a.m. on a Monday, then you should
wait until the end of the day or the next
morning (Tuesday) to dispose of any
remaining property left in the designated
area. This will provide the resident with
enough time to remove any remaining
property left after the set out. Another
best practice and policy to implement is to
ensure that management employees are
prohibited from removing any personal
property from the designated area
and placing it in their vehicles or taking
any property for their own personal use.
There have been prior instances where
criminal charges were filed for theft of
personal property. The better practice
is to place all remaining items in the
dumpster for disposal.
The passing of O.C.G.A. 44-7-55(c)
has truly assisted our industry with the
disposal of personal property after an
eviction due to the hard efforts of the GAA
and AAA Governmental Affairs Team. *

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If you have any comments or
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suggested topics that you would
like addressed for future articles,
please email J. Mike Williams at
mwilliams@apartmentlaw.com.
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
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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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https://www.nxtbook.com/naylor/ATPS/ATPS0316
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