Cal. Civ. Code § 44-7-53
When writ of possession issued; trial of issues; possession pending trial.
Operative Text
(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62. The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence. (b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54.
Under O.C.G.A. § 44-7-53, when a tenant in a dispossessory proceeding does not file a timely answer, the court immediately issues a writ of possession and enters a default judgment for all unpaid rent without requiring additional evidence or a hearing. If the tenant does answer, the case proceeds to trial under standard civil or magistrate court procedures, and the tenant may remain in the property while the case is pending. However, a tenant who answers must simultaneously deposit any owed rent into the court's registry as a condition of staying in possession during litigation.
Plain English — not legal advice.
Property owners and managers pursuing a dispossessory action under O.C.G.A. § 44-7-53 generally find that a tenant's failure to answer results in an immediate writ of possession and a default judgment for all rents due, without the need for additional hearings. When a tenant does answer, compliant operators prepare for a formal trial on the merits, understanding that the tenant is entitled to remain on the premises until the case concludes. Operators typically track whether the tenant has paid rent into the court registry as required, since that obligation runs concurrently with the tenant's right to stay during litigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under O.C.G.A. § 44-7-53, a tenant who files a timely answer to a dispossessory action has the right to remain in the rental property while the case works its way through the court system. Filing an answer triggers a formal trial process, giving the tenant an opportunity to contest the landlord's claims before a judge. Tenants who answer are required to pay any owed rent into the court's registry at the time of answering, and tenant-rights organizations can help explain what that obligation means and what options may be available for raising defenses during the proceedings.
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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