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  1. #1

    Default Locked Out While Appealing a Dispossessory Action

    My question involves landlord-tenant law in the State of: Georgia.

    I filed an appeal in a dispossessory action. 2 days after appeal was filed the landlord changed the locks on the door. I have not been allowed back into the home. Winter is approaching and I have no warm clothing.

    What are my legal rights?
    Can I sue the landlord for pain & suffering?
    And can I be permitted back into the home?

  2. #2
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    Default Re: Locked Out While Appealing a Dispossessory Action

    I understand that a tenant who has been evicted, in order to remain in possession during appeal, must pay into the registry of the court all sums found by the trial court to be due for rent. Did you do that?
    Quote Quoting Georgia Code 44-7-56. Appeal; possession and payment of rent pending appeal
    Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within seven days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall be required to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal.

  3. #3

    Default Re: Locked Out While Appealing a Dispossessory Action

    Yes, I have done it for both Nov. 08 and Dec. 08. Both payments were on time.

  4. #4
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    Default Re: Locked Out While Appealing a Dispossessory Action

    Then, assuming the eviction wasn't authorized the court despite your payments, what steps have you taken with the court? e.g., have you petitioned for a show cause hearing for why he's violating the stay?

  5. #5

    Default Re: Locked Out While Appealing a Dispossessory Action

    I filed a Statement of Claim for the Nov 08 Rent and hotel cost up until the date of filing; which was on Nov. 20, 08. I haven't done anything else but stay away from there for fear of her saying I'm trespassing. And me possibly being arrested. How can I get back in the home as soon as possible?

  6. #6
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    Default Re: Locked Out While Appealing a Dispossessory Action

    Bring an appropriate motion in the trial court. If you do not know how to do that yourself, and don't wish to hire a lawyer, ask the court clerk (very nicely) if they can help you find an example from another file.

  7. #7

    Default Re: Locked Out While Appealing a Dispossessory Action

    Thanks.

    Yes, I know how to file a motion. However, I don't know what the wording should be. Should it read: Wrongful lockout? Or is that the incorrect wording? And should it be more info in the motion in which I file; ie. the dispossessory date, appeal date and date I discovered locks were changed? And is there any way this motion can be expedited because I am running out of $ with these hotels cost?

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