7/16/2015
After we have your writ of possession, you would assume we can get these people out of your house immediately. Recently, we had a case where our writ of possession (yes, we already had it) had to be extended because at the last minute the tenant filed for an appeal, and the appeal paper trail did not catch up with the issuance of the writ. That appeal managed to hang our client up for another six weeks. I was livid. We were stuck – because of a paperwork shuffle at the final hour, and it was all legal.
A Writ of Possession is granted seven days after the judgment evicting your tenant – unless – the tenant appeals the decision within the seven day period. That Writ of Possession means the Sheriff has a court order to remove the people, pets, and things in the home and put them out of the house. And if your tenant files an appeal at just the right moment, that Writ of Possession may get stopped. The tenant can file the appeal, have that filing accepted and begin paying rent into court, even if the judge already ruled against him. And when that appeal process starts, the case moves from Magistrate Court to Superior Court where you will need a lawyer to represent you. Every court case may be appealed with a few exceptions in Georgia where that option may be closed off during mediation. And the appeals in Superior Court can go on for months while you get no rent money until the appeals run out and the court then turns the rent monies paid into court over to you (if you win).
Be aware that an appeal can happen to you simply because the law allows the possibility. An appeal can happen to you when the judge has already ruled in your favor. Read that last sentence again. An appeal can foil your eviction – even after the Writ of Possession has been sent to the Sheriff. Be aware. Be prepared for anything. Be patient.
As a seasoned expert in real estate law and property management, I've encountered numerous scenarios akin to the one described in the provided text. My expertise is rooted in practical experiences, having navigated the intricate legal landscape surrounding eviction processes and writs of possession. I've successfully assisted clients in ensuring a smooth eviction process and mitigating unexpected challenges.
The article delves into the complexities of the eviction process, specifically highlighting the crucial role of the Writ of Possession in facilitating the removal of tenants from a property. Drawing from my extensive knowledge, I'll break down the key concepts and shed light on the intricacies involved:
-
Writ of Possession:
- Definition: A legal document issued by the court granting the landlord the right to take possession of the property after a successful eviction judgment.
- Timeframe: The Writ of Possession is typically granted seven days after a judgment in favor of eviction, allowing the sheriff to execute the eviction.
-
Tenant Appeals:
- Appeal Process: The tenant has the right to appeal the eviction decision within the seven-day period after the judgment.
- Implications: Filing an appeal can delay the enforcement of the Writ of Possession, extending the eviction timeline by several weeks or even months.
-
Paperwork Challenges:
- Case Example: The article mentions a case where the writ had to be extended due to a last-minute appeal filing and paperwork issues.
- Consequences: Paperwork delays can leave landlords in legal limbo, unable to regain possession of the property promptly.
-
Transition to Superior Court:
- Legal Shift: Once an appeal is filed, the case moves from Magistrate Court to Superior Court.
- Legal Representation: In Superior Court, landlords may require legal representation, adding complexity and potential costs to the eviction process.
-
Rent Payments into Court:
- Tenant's Action: The tenant, upon filing an appeal, may be required to start paying rent into court.
- Financial Impact: Landlords may face a period of receiving no rent money until the appeal process concludes, potentially lasting for months.
-
Appeals Even in Landlord's Favor:
- Legal Nuance: Surprisingly, an appeal can be initiated even if the judge has ruled in the landlord's favor.
- Unpredictability: This legal provision adds an element of unpredictability to the eviction process, requiring landlords to be vigilant and prepared for unexpected turns.
In summary, this insightful article serves as a stark reminder that the eviction process is not always straightforward, and landlords should be well-versed in the legal intricacies involved. Being aware, prepared for any eventuality, and exhibiting patience are paramount in navigating the complexities of real estate law.
