Legal Question in Landlord & Tenant Law in Georgia

Landlord rights during an eviction appeal

We filed for eviction of a tenant, but failed to put it was for past due rent. Tenant was foreclosed on and we just wanted them out of the property. We won eviction, with no money owed, but Tenant appealed. How do we go about getting the rents that are owed to us until the appeal court date? What are our rights during an appeal?


Asked on 12/07/04, 10:16 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Landlord rights during an eviction appeal

You need to file a motion to compel rent payments in to the registry of the court. Getting rental amounts before the eviction may be problematic because you did not ask for past rent in the original complaint.

On appeal, and depending on the jurisdiction, the case will be treated as if re-filed in state court.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 12/07/04, 10:41 am


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