Cal. Civ. Code § 44-7-71
Application for distress warrant.
Operative Text
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.
Under O.C.G.A. § 44-7-71, Georgia law provides a legal mechanism called a distress warrant that can be sought when rent is owed or when a tenant appears to be removing property. The application must be made under oath and submitted to a judge of the superior, state, civil, or magistrate court in the county where the tenant lives or where the property is located. This remedy allows a landlord to pursue a court-supervised process to secure property as a means of satisfying an unpaid rent obligation.
Plain English — not legal advice.
O.C.G.A. § 44-7-71 authorizes landlords—or their designated agent, attorney in fact, or attorney at law—to apply for a distress warrant when rent is past due or when a tenant appears to be moving property away. A compliant operator pursuing this remedy typically prepares a sworn statement of the relevant facts and files it with the appropriate court in the county where the tenant resides or where the property can be found. Because this is a formal judicial process requiring an oath and court involvement, operators generally work with legal counsel to ensure the application meets procedural requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-71 gives landlords a court-based tool to seek a distress warrant, but that process requires judicial oversight and a sworn factual statement, meaning a tenant has the opportunity to be heard through the court system. Tenants who believe a distress warrant has been improperly sought or issued may have grounds to raise that as a defense in the relevant court proceeding. Consulting a tenant-rights organization or legal aid provider familiar with Georgia landlord-tenant law can help tenants understand what options may be available when a distress warrant is filed against them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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