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What Happens When a Tenant or Landlord Appeals a Trial Court Decision in Georgia?
When either the landlord or the tenant appeals the trial court’s decision in Georgia eviction proceedings, specific procedures are followed regarding the handling of funds. Here’s what happens:
- Registry Funds During Appeal: If an appeal is filed by the landlord or the tenant, the sum of the funds in the court registry will remain with the court until the appeal is resolved. This ensures that the disputed funds are securely held while the appeal is under consideration.
- Future Rent Payments: During the appeal process, any future rent payments submitted into the court registry will be attributed to the landlord. This continues unless the tenant can demonstrate a good reason for the funds to remain in the registry.
- Distinction from Answer or Counterclaim: It is important to note that making payments into the registry does not constitute filing proper pleadings. These legal actions must be separately filed to be recognized by the court.
Understanding these procedures is crucial for both tenants and landlords involved in the appeals process. Seeking legal guidance can help navigate the complexities of appealing a trial court’s decision and ensure proper handling of registry funds.
Legal Disclaimer: This article is provided for educational purposes only and does not constitute legal advice. Tenants and landlords facing eviction proceedings should seek professional legal assistance for specific legal questions and concerns.