Cal. Civ. Code § 44-7-75
Payment of rent into court registry; transfer and possession of property pending trial; seizure; disposition of funds.
Operative Text
(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that the payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in subsection (b) of this Code section. (b) The tenant shall pay into the registry of the trial court all rent which becomes due after the issuance of the summons and shall pay said rent as it becomes due. If the landlord and tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of the rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and the landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection. (c) If the landlord is also seeking a dispossessory warrant against the tenant pursuant to Article 3 of this chapter, money paid into court under Code Section 44-7-54 shall fully satisfy the requirements under subsections (a) and (b) of this Code section. (d) After the date of the service of the summons as provided in Code Section 44-7-72, the tenant shall not transfer, convey, remove, or conceal his property without either posting bond as provided in Code Section 44-7-76 or complying with subsections (a) and (b) of this Code section. (e) If the tenant shall fail to comply with any of the provisions of this Code section, the tenant shall not be entitled to retain possession of his property pending a trial on the merits as provided by Code Section 44-7-74 unless he posts bond as provided by Code Section 44-7-76. Failure to comply with any provision of this Code section shall in no way affect the tenant’s ability to litigate the issues raised in his answer but shall only affect the possession of the property pendente lite. If judgment is against the tenant, the property involved shall be seized by the marshal, the sheriff, or the deputy, as the case may be, and held thereby for levy and sale after judgment as provided by Code Section 44-7-79. (f) The court shall order the clerk of the court to pay to the landlord the amounts paid into the registry of the court as such payments are made; provided, however, that, if the tenant claims that he is entitled to all or a part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues.
Under O.C.G.A. § 44-7-75, when a tenant responds to a dispossessory action, rent that is admittedly owed must be paid into the trial court's registry at that time, or the tenant may instead submit a receipt showing payment was made directly to the landlord. Rent that comes due after the summons is issued must also be paid into the court registry as it becomes due, with the amount determined by any written lease or, if none exists, by the amount of the last rental payment accepted without written objection. Funds held in the registry are generally released to the landlord as they are received, except for any portion that is genuinely disputed, which remains in the registry until the court resolves the controversy.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-75, landlords involved in a dispossessory proceeding can generally expect rent payments to flow through the court registry during the pendency of the case, with the clerk directed to release undisputed amounts to the landlord without delay. Operators who maintain clear written lease agreements are better positioned to establish the correct rent amount if a dispute arises, since the court may rely on that document to set the registry payment amount. Landlords should be aware that any portion of the funds the tenant claims as disputed will remain in the registry until the court issues a final determination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-75 gives tenants in a dispossessory proceeding the option to satisfy the registry-payment requirement by submitting a receipt showing rent was paid directly to the landlord, rather than paying into the court. Tenants who fail to pay admittedly owed rent into the registry or post the alternative bond described in § 44-7-76 may lose the right to retain possession of their property while the case is pending, though this does not prevent them from fully litigating the underlying issues raised in their answer. Tenants who believe they are entitled to some or all of the funds held in the registry can raise that claim in the proceedings, and those disputed amounts will remain in the registry until the court resolves them; consulting a tenant-rights organization familiar with Georgia dispossessory law can help clarify available options.
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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