When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the judge of the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found.
History. Laws 1811, Cobb’s 1851 Digest, p. 900; Code 1863, §§ 4011, 5101, 5102; Code 1868, § 4010; Ga. L. 1869, p. 14, § 1; Code 1873, § 4082; Ga. L. 1875, p. 23, § 1; Code 1882, § 4082; Civil Code 1895, § 4818; Civil Code 1910, § 5390; Code 1933, § 61-402; Ga. L. 1975, p. 1514, § 2; Ga. L. 1983, p. 884, § 3-29.
Structure Georgia Code
Chapter 7 - Landlord and Tenant
§ 44-7-70. Power of Landlord to Distrain for Rent
§ 44-7-71. Application for Distress Warrant
§ 44-7-72. Issuance of Summons; Service on Defendant; Time for Hearing
§ 44-7-73. When Tender of Payment by Tenant Serves as Complete Defense
§ 44-7-76. Bond; Determination of Amount; Effect of Approval on Alienability of Property
§ 44-7-78. Appeal; Possession Pending Appeal
§ 44-7-79. Execution and Levy of Distress Warrant; Sale
§ 44-7-80. Time for Attachment of Landlord’s Lien; Priorities
§ 44-7-81. Claims by Third Persons; Oath and Bond; Method of Trial