Skipping the Writ of Possession to Save a Few Bucks? It Could Cost You Really Big.

February 15, 2016 · Coauthored by Joe Cloer & Susan Cook

I get so much push-back from clients about obtaining a Writ of Possession at the end of the dispossessory process. After all, Georgia is one of a few states that does not legally require a Writ of Possession to reclaim property after the judgment has been handed down. Normally, after seven full days, you can legally take your property back if the tenant has abandoned the property. Seems simple enough, right?

But — how do you really know if the tenant abandoned the property? How do you know that the tenant has no intention to return to the home? How do you know that the tenant has intentionally abandoned (given up the right to) the possessions that were left inside that property?

Without a letter from the tenants stating to you, the property owner/landlord, that they have willingly and intentionally left the property and do not plan on living there anymore, and that further, they have abandoned all personal items left in and around the property and no longer claim ownership of those personal items, you cannot prove they have abandoned anything.

In Georgia, if you are planning on entering and trashing out a property without a Writ of Possession, you must be certain of both non-use and the tenant’s intent to relinquish all rights to your property and their personal items. If you do not have the affirmative statement from the tenant asserting both those things to you, you are better off paying for a Writ of Possession. This Writ of Possession is the factual determination by a judge of the non-use and abandonment of personal property. It protects you from future claims by former tenants that you wrongfully excluded them (yes, even after the judge said they were supposed to leave), or that you took their property and disposed of it, stole it, or sold it.

If you are going down the dangerous road of forgoing the Writ of Possession, there are steps you should take to protect yourself:

• Enter the property with a camera and photograph every single item. Document its condition. (Yes, even the old magazines.)
• Remove the items to safe storage.
• By registered mail, send your tenant a letter telling them where the items will be stored and for how long, so that the tenant can come get the items.
• Store the items and wait.

Know this: you cannot prove that you did not steal valuable items that the tenant left behind. Let’s say a very expensive jewelry item was left inside a very broken dresser, maybe in some old clothes. Let’s say the tenant wants the jewelry back, but you don’t know anything about it. Let’s say the tenant claims that the item was worth thousands. You cannot prove you did not steal it or lose it. You cannot prove it was not left behind. You cannot prove the tenant is lying. All you can do is go to small claims court and defend yourself if the former tenant sues you. More time and expense for you — and what if you actually lose?

There is no good way to protect yourself from problems without the Writ of Possession. It legally protects you from all the work of inventorying, storing, and holding possessions. It legally protects you from claims of lost and stolen items. It gives you the power to schedule with a civil deputy to go into the home with a crew and have it cleaned out and locked up — with impunity, safety for you today and in the future. The Writ of Possession indemnifies you. Don’t skip out on this step to save money, because it could cost you big if the tenant wants to make problems for you.

Remember, keep it simple; keep it legal. Keep yourself protected by a Writ of Possession.