Set-Out — House Bill 1203 (2024)

“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.”

“If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56.”

Applications for execution of a writ of possession must generally be made within 30 days of issuance (absent an affidavit showing good cause for delay), and failure to execute in conformity requires applying for a new writ. If the sheriff, deputy, constable, or marshal is unable to execute the writ within 14 days of the landlord’s request, the landlord may use the services of an authorized off-duty officer (or another POST-certified individual) to execute the writ, at the landlord’s sole cost, with at least five calendar days’ advance written notice to the sheriff.