Priority and Date of General Liens; Date of Special Liens for Rent; Enforcement of Liens

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The general liens of landlords shall be inferior to liens for taxes and to the general and special liens of laborers but shall rank with other liens and with each other according to date, the date being from the time of levying a distress warrant. The special liens of landlords for rent shall date from the maturity of the crops on the lands rented unless otherwise agreed on but shall not be enforced by distress warrant until the rent is due, unless the tenant is removing his property, or when other legal process is being enforced against the crops, in which case the landlord may enforce the general and special liens.

(Code 1868, § 2260; Ga. L. 1873, p. 42, § 5; Code 1873, §§ 1977, 2286; Code 1882, § 1977; Ga. L. 1887, p. 34, § 1; Ga. L. 1889, p. 71, § 1; Civil Code 1895, § 2796; Civil Code 1910, § 3341; Code 1933, § 61-204; Ga. L. 1982, p. 3, § 44.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, §§ 792, 844 et seq.

C.J.S.

- 52 C.J.S., Landlord and Tenant, § 619.

ALR.

- Priority as between landlord's lien on chattels and chattel mortgage, 52 A.L.R. 935.

Landlord's lien for rent as including taxes or other expenditures which tenant has agreed to pay or make, 99 A.L.R. 1104.

Right or interest subject to, and priority of, statutory lien for labor or material in developing property for oil and gas, 122 A.L.R. 1182.

Priority of lien of sales or consumers' tax, 136 A.L.R. 1015.

Secured transactions: priority as between statutory landlord's lien and security interest perfected in accordance with Uniform Commercial Code, 99 A.L.R.3d 1006.

Landlord's remedy by way of distress or lien on defaulting tenant's property on leased premises as including right to collect for all unpaid utility expenses, 99 A.L.R.3d 1100.


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