Fennelly v. Lyons
Court of Appeals of Georgia
775 S.E.2d 587 (2015)
Lyons (defendant) leased property to Fennelly (plaintiff) under a lease terminable on 30 days' notice; Lyons gave notice and told Fennelly to vacate by August 15. When Fennelly stayed past that date owing back rent, Lyons filed for eviction, obtained a court-issued writ of possession, and warned Fennelly that unvacated property would be disposed of after eviction. After executing the writ in September, a sheriff advised Lyons that Fennelly had 24 hours to reclaim his belongings; when he did not, Lyons moved the property to the driveway and eventually disposed of it. Fennelly sued, arguing Lyons had no right to take or destroy his property, but the trial court granted Lyons summary judgment.
Whether a landlord who has obtained a writ of possession may lawfully take possession of, or destroy, a tenant's personal property left on the premises.