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HB762

 

04 HB 762/AP

House Bill 762 (AS PASSED HOUSE AND SENATE)

By: Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2, and Thompson of the 69th, Post 1

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to judgment, writ of possession, landlord´s liability for wrongful conduct, and distribution of funds paid into court; to provide for removal of a tenant or the tenant´s personal property under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended in Code Section 44-7-55, relating to judgment, writ of possession, landlord´s liability for wrongful conduct, and distribution of funds paid into court, by inserting at the end thereof a new subsection (c) to read as follows:

"(c) 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 or on other 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."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

 

Notes added (not part of the "official web site" of the State Legislature):

Signed by the Governor on May 5, 2004. The Effective date of this Bill based on conversation with State Representative Hugh Floyd and also with the Clerk of the Georgia Legislature is July 1, 2004. When the Bill does not have an effective date, it becomes law automatically on July 1st according to the Clerk.