What is a Distress Warrant? A Guide for Landlords and Tenants
Disputes and problems come up when it comes to rental property. As much as you try to avoid it, if you’re renting or providing a rental long enough, it’s going to happen. And at some point, it probably turns into a legal situation. One dilemma that comes up from time to time is dealing with unpaid rent and what landlords can do about it. Then you might hear the words distress warrant, specifically in Georgia and states that have it engrained in their laws. What is a distress warrant? Here we will tackle just that topic.
Knowing these legal proceedings and knowing everyone’s rights is of the utmost importance. As a premiere Atlanta property management company, dealing with the various legal disputes that may come up is part of the job. Let’s address this particular situation and what landlords and tenants should know if they find themselves going down that route.
Table of Contents
- What is a Distress Warrant?
- What to Do If You Are Issued One (Or Need to Issue One)
- Can You Go to Jail for a Distress Warrant​?
- What Can Property Management Do For You?
What is a Distress Warrant?
The word warrant sounds pretty heavy. Well, it is. So, what is a distress warrant exactly? ​A distress warrant is a legal tool that allows a landlord to seize a tenant’s property when rent hasn’t been paid. Essentially, if a tenant falls behind on rent, the landlord can obtain this warrant to claim the tenant’s belongings to cover the owed amount. In other words, it’s a method to make sure that landlords can recover unpaid rent by leveraging the tenant’s possessions.​
When it comes to the particular state of Georgia, the process is outlined in the state’s laws. Specifically, Georgia Code Title 44, Chapter 7, Article 4. When a tenant is behind on rent or appears to be moving their belongings out, the landlord can apply for exactly that: a distress warrant. This involves the landlord (or technically their representative if they want) making a sworn statement of the situation and submitting it to a judge in the appropriate court. The judge then issues a summons for the tenant to appear in court. ​
Once the tenant is served with the summons, they have a specific timeframe to respond. Then it is in their ballpark for a while. If they don’t follow up, the court may grant the distress warrant by default. What does that mean? It means the landlord can go ahead with claiming the tenant’s property to cover the unpaid rent. This process really points out the importance of clear communication and timely responses between landlords and tenants. Generally that is the case with any possible disputes, right? Things like distress warrants and evictions in Georgia don’t always have to be necessary when there is a bit of communication and understanding between those involved.
What to Do If You Are Issued One (Or Need to Issue One)
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If you’re a tenant in Georgia and you’ve been served with a distress warrant—essentially… guess what? Don’t just sit on it. You need to act quickly. First, carefully review the warrant to understand the specifics of the claim. Then, file an answer with the court within 7 days if being served. This response allows you to present any defenses or counterclaims you might have. If you fail to respond in time, the court may issue a default judgment against you… which might lead to the actual seizure of your property. In all cases like these, touching base or actually hiring a legal professional can provide help that is actually catered to your particular situation.
For landlords considering the issuance of a distress warrant in Georgia, it’s important to follow the legal procedures… don’t just make it up as you go. Begin by providing a clear, written demand for the overdue rent to the tenant. It’s important to follow the legal procedures outlined in the Georgia Code Title 44, Chapter 7, Article 4. This involves filing a dispossessory affidavit in the appropriate court and following their guidelines on how it is served to the renter.
What you should definitely avoid is what they call “self-help” measures… this means things like changing locks or shutting off utilities. These things are illegal in Georgia and can result in penalties.
Can You Go to Jail for a Distress Warrant​?
​If you’re a tenant in Georgia and your landlord has filed a distress warrant against you for unpaid rent, it’s natural to feel concerned about the potential consequences. However, it’s important to understand that a distress warrant is a civil action, not a criminal one. This means that while the warrant allows your landlord to seek possession of the rental property and recover unpaid rent, it doesn’t carry the risk of jail time.
That said, ignoring the warrant can lead to a default judgment against you, resulting in eviction and financial liabilities. Therefore, it’s crucial to respond promptly by filing an answer with the court within the specified timeframe, typically seven days. Seeking legal advice can help you navigate this process effectively. ​
What Can Property Management Do For You?
No one wants to have to go through warrants and evictions. However, landing in court because you conducted yourself illegally when it comes to warrants and not doing things in the right legal way is far worse. If you’re wondering what is a distress warrant, than you probably have this type of stuff on your mind. Why not consider enlisting the help of one of the premier property management companies out there? Bay Property Management Group has a solid background in rental property laws in Georgia and wherever we serve.
Warrants are a serious matter. Bay Property Management Group takes a swift and professional approach to guarantee a smooth legal process. Our dedicated team handles the entire process from start to finish, so you don’t have to! Give us a call today. We provide property services in Alpharetta, Atlanta, and neighboring areas.
