After the set-out, the tenant's belongings are on the curb and you have possession of the unit. Now what? Georgia law has specific rules about how long you must leave the tenant's property accessible — and what you can do with it after that window closes.
What Happens to the Tenant's Belongings During the Set-Out?
During the set-out, your crew moves the tenant's belongings from the unit to the curb or a designated area outside the property. The marshal oversees this process to ensure it's done properly.
The tenant's belongings must be placed outside the property — not disposed of, not stored inside another unit, and not removed from the premises during the set-out itself. The tenant has the right to retrieve their belongings after the set-out.
Georgia's Abandoned Property Rules
Georgia does not have a specific statute that sets a mandatory waiting period before a landlord can dispose of property left behind after an eviction. However, general principles of abandoned property law apply:
Reasonable time to retrieve — Courts have generally held that a tenant must be given a reasonable opportunity to retrieve their belongings after a set-out. What constitutes "reasonable" depends on the circumstances, but most landlords wait at least 24–72 hours before treating items as abandoned.
No storage obligation — Georgia law does not require landlords to store a tenant's belongings after a set-out. Once the items are placed outside, the tenant is responsible for retrieving them.
Document everything — Before disposing of any items, photograph and document what was left behind. This protects you if the tenant later claims valuable property was improperly disposed of.
Practical Approach After the Set-Out
Most landlords and eviction services follow this practical approach:
- Set-out day — Belongings are placed on the curb during the set-out
- 24–72 hours — Leave items accessible for the tenant to retrieve
- After the window — Items remaining on the curb can typically be treated as abandoned and disposed of
What About Items Left Inside the Unit?
If the tenant left belongings inside the unit that were not moved out during the set-out (for example, items in closets or storage areas that weren't discovered until after the marshal left), the same principles apply. Document what was left, give the tenant a reasonable opportunity to retrieve items, and then dispose of what remains.
Debris Removal and Unit Turnover
After the tenant's belongings are cleared, you'll typically need to address:
Cleaning — Units left by evicted tenants often require deep cleaning. Document the condition before cleaning begins.
Repairs — Assess damage beyond normal wear and tear. Photograph everything before making repairs.
Debris removal — Trash, damaged furniture, and items the tenant clearly abandoned (broken items, trash bags, etc.) can be removed immediately.
Hazardous materials — If the tenant left behind hazardous materials (chemicals, biohazards, drug paraphernalia), contact a professional remediation service before entering the unit.
W.D.S. Handles Full Debris Removal
W.D.S. Eviction Service provides complete debris removal as part of our set-out service. After the marshal executes the writ and the locks are changed, our crew clears the unit of any remaining tenant belongings and debris — getting your property ready for turnover faster.
Call us at (404) 795-5069 to discuss your case.
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