---
title: O.C.G.A. § 44-7-56. Appeal; procedure; possession and payment of rent pending appeal.
collection: code
id: 44-7-56
cite_as: O.C.G.A. § 44-7-56 (2025)
canonical_url: https://georgiacommons.org/code/44-7-56
md_url: https://georgiacommons.org/code/44-7-56.md
text_url: https://georgiacommons.org/code/44-7-56/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-pdf.pdf?sfvrsn=6890e72d_0#page=183
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / LANDLORD AND TENANT / DISPOSSESSORY PROCEEDINGS
---

# O.C.G.A. § 44-7-56. Appeal; procedure; possession and payment of rent pending appeal.

(a) Any judgment by the trial court shall be appealable pursuant to Chapters 3, 6, and 7 of Title 5.

(b) An appeal made pursuant to subsection (a) of this Code section shall proceed as follows:

(1) A copy of the petition for review filed in the reviewing superior or state court or the notice of appeal shall be filed with the clerk of the trial court within seven days after the date the judgment was entered in the trial court;

(2) The clerk shall immediately notify the trial judge of the petition for review or notice of appeal, and the trial judge may, within 15 days after the same is filed in the trial court, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case;

(3) Except as provided in paragraph (5) of this subsection, if the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall notify the trial court of his or her appeal and pay into the registry of the reviewing superior or state court all sums found by the trial court to be due for rent in order to remain in possession of the premises;

(4) Except as provided in paragraph (5) of this subsection, the tenant shall pay all future rent as it becomes due into the registry of the reviewing superior or state court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal; and

(5) For appeals to the Court of Appeals or Supreme Court, the tenant shall pay all sums found by the trial court to be due for rent or future rent into the registry of the trial court that rendered the judgment appealed.

## History

Code 1933, § 61-306, enacted by Ga. L. 1970, p. 968, § 5; Ga. L. 1984, p. 859, § 1; Ga. L. 1985, p. 149, § 44; Ga. L. 1994, p. 1150, § 3; Ga. L. 1998, p. 1380, § 4; Ga. L. 2006, p. 656, § 1.3/HB 1273; Ga. L. 2022, p. 767, § 2-35/HB 916; Ga. L. 2024, p. 201, § 10/SB 450, effective April 22, 2024.

## Amendments

The 2024 amendment, effective April 22, 2024, in paragraph (b)(3), substituted “Except as provided in paragraph (5) of this subsection, if” for “If” at the beginning and deleted “and” from the end; in paragraph (b)(4), substituted “Except as provided in paragraph (5) of this subsection, the” for “The” at the beginning and “; and” for a period at the end; and added paragraph (b)(5).