Got Writ of Possession now what?

Landlord Tenant Law 1 views 2 answers
I have a tenant who has failed to pay rent for 30 days. Sent 30 day pay or quit notice. They did not pay. Filed DISPOSSESSORY action she did not answer. Received writ of possession from Judge. They instructed me to go to the sheriff's office to file the execution of writ. However, due to the crazy market they are not able to book the appointment till August 18th. Which means the tenant will be able to live rent free until then. (A total of 144 days with no rent). The sheriff's office said that I can attempt to execute the eviction myself. Is that true? If so, how do I go about that? Do I give her 72 hours tacked and mailed notice?

Attorney Answers

2
Trey Phillips ·
Mr. Lyon is absolutely correct. The proper process requires that the sheriff or marshall 'execute' the writ, otherwise you could be accused of performing an illegal eviction and be liable to the tenant for damages. The tenant is still liable to you for any rent and damages accruing during the time it takes to evict them, but you would have to file another suit after they have been removed to get additional damages on top of what the dispossessory judge might have awarded. Check out my website and blog for additional information about Georgia Evictions.
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Glenn M. LyonBusiness AttorneyAtlanta, GA ·
No. only the sheriff or marshall's office are allowed to enforce writs of possession. They probably meant try and work it out with the tenant so that they vacate voluntarily wihtout involvement of the authroities.
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