Tenant's Answer to Dispossessory Affidavit — Georgia

TENANT'S ANSWER TO DISPOSSESSORY AFFIDAVIT — STATE OF GEORGIA

TABLE OF CONTENTS

1. Caption
2. General Statement
3. Tenant Information
4. Acknowledgment of Service
5. Specific Denials of Affidavit
6. Affirmative Defenses
7. Tender Defense Under O.C.G.A. § 44-7-52
8. Counterclaims
9. Rent Into Court Registry
10. Servicemembers Civil Relief Act
11. Demand for Jury Trial
12. Prayer for Relief
13. Verification
14. Certificate of Service
15. Georgia Practice Notes
16. Sources and References

1. CAPTION

IN THE MAGISTRATE COURT OF [COUNTY NAME] COUNTY
STATE OF GEORGIA

CIVIL ACTION FILE NO. [________________________________]

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

2. GENERAL STATEMENT

COMES NOW Defendant [TENANT NAME] ("Tenant"), pro se / by and through undersigned counsel, and files this Answer to Plaintiff's Dispossessory Affidavit pursuant to O.C.G.A. § 44-7-51, and shows the Court the following:

3. TENANT INFORMATION

☐ 3.1. Tenant's full legal name: [TENANT NAME]

☐ 3.2. Premises (rental address): [STREET ADDRESS], [CITY], [COUNTY] County, Georgia [ZIP], Unit [____]

☐ 3.3. Mailing address (if different): [ADDRESS]

☐ 3.4. Telephone: [____________]

☐ 3.5. Email: [____________]

☐ 3.6. Number of household members: [____] (adults: [____], minors: [____])

☐ 3.7. Counsel for Tenant (if any):

[ATTORNEY NAME]
Georgia Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

4. ACKNOWLEDGMENT OF SERVICE

☐ 4.1. Tenant was served with the Dispossessory Affidavit and Summons on [__/__/____] by:

• ☐ Personal service
• ☐ Notorious / abode service on [PERSON NAME], a resident of the Premises
• ☐ Tack and mail (posting on door + first-class mail)
• ☐ Other: [____________]

☐ 4.2. This Answer is filed within seven (7) days of service, on [__/__/____].

5. SPECIFIC DENIALS OF AFFIDAVIT

Responding to the numbered allegations of the Affidavit:

☐ 5.1. Tenant ☐ ADMITS ☐ DENIES that Plaintiff is the owner / authorized lessor of the Premises.

☐ 5.2. Tenant ☐ ADMITS ☐ DENIES the rental terms alleged by Plaintiff. Specifically:

• Monthly rent alleged: $[__________] ☐ correct ☐ incorrect (correct amount: $[__________])
• Due date alleged: [____] of each month ☐ correct ☐ incorrect

☐ 5.3. Nonpayment allegation. Tenant ☐ ADMITS ☐ DENIES Plaintiff's allegation of past-due rent in the amount of $[__________]. If denied, the correct balance is $[__________] for the following reasons: [____________].

☐ 5.4. Holdover allegation. Tenant ☐ ADMITS ☐ DENIES Plaintiff's allegation that Tenant holds the Premises beyond the lease term.

☐ 5.5. Lease-violation allegation. Tenant ☐ ADMITS ☐ DENIES Plaintiff's allegation of lease violation. If denied, state facts: [____________].

☐ 5.6. Demand for possession. Tenant ☐ ADMITS ☐ DENIES that Plaintiff made a valid statutory demand for possession before filing. If denied: ☐ no demand was made, ☐ the demand was defective in form or content, ☐ the demand did not comply with the three-business-day Safe-at-Home-Act notice (§ 44-7-50(c)), ☐ other: [____________].

☐ 5.7. Refusal to deliver possession. Tenant ☐ ADMITS ☐ DENIES that Tenant refused or failed to deliver possession after demand. Tenant states: [____________].

☐ 5.8. General denial. Except as expressly admitted, Tenant denies each and every allegation in the Affidavit.

6. AFFIRMATIVE DEFENSES

Tenant asserts the following defenses, in the alternative and without waiver:

☐ 6.1. Payment / accord and satisfaction. Tenant has paid the rent claimed, in whole or in part, as evidenced by [RECEIPTS / BANK RECORDS / EMAILS]. Plaintiff has waived the alleged default by accepting payment after the default.

☐ 6.2. Tender (statutory complete defense — O.C.G.A. § 44-7-52). Tenant tenders all past-due rent and the costs of the dispossessory warrant. Tenant has not invoked this statutory right within the previous 12 months. See Section 7.

☐ 6.3. Defective demand for possession (O.C.G.A. § 44-7-50). Plaintiff failed to make a valid statutory demand for possession before filing. Specifically: [____________].

☐ 6.4. Defective three-business-day notice (Safe at Home Act — O.C.G.A. § 44-7-50(c)). This is a residential lease entered into or renewed on or after July 1, 2024. Plaintiff did not serve the required three-business-day notice to vacate or pay, or did not post the notice in a sealed envelope conspicuously on the door, or did not deliver via the additional method specified in the lease.

☐ 6.5. Breach of implied warranty of habitability (O.C.G.A. §§ 44-7-13 and 44-7-14). Plaintiff has failed to keep the Premises in good repair and fit for human habitation. Specific defects, dates of complaint, and Plaintiff's response or non-response are described in the attached Exhibit "1." These conditions reduce or extinguish Tenant's rent obligation and provide a setoff or rent-abatement defense.

☐ 6.6. Retaliatory eviction (O.C.G.A. § 44-7-24). Plaintiff filed this dispossessory action within three (3) months after Tenant engaged in a protected activity, namely [☐ complaining in good faith about a habitability issue, ☐ contacting code enforcement / health department, ☐ joining or attempting to form a tenant organization, ☐ exercising another protected right]. Tenant is entitled to a defense and to civil penalties (one month's rent plus $500), court costs, and attorney's fees if Plaintiff's conduct is willful.

☐ 6.7. Discrimination — Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and Georgia Fair Housing Act (O.C.G.A. §§ 8-3-200 et seq.). Plaintiff has discriminated against Tenant on the basis of [☐ race, ☐ color, ☐ national origin, ☐ religion, ☐ sex (including sexual orientation/gender identity per Bostock), ☐ familial status, ☐ disability]. Specific facts: [____________].

☐ 6.8. Failure to grant reasonable accommodation / modification (Fair Housing Act, 42 U.S.C. § 3604(f)). Tenant requested a reasonable accommodation/modification on [__/__/____] for [DISABILITY-RELATED NEED], which Plaintiff denied or failed to act on.

☐ 6.9. Violence Against Women Act (34 U.S.C. § 12491). Tenant or a member of Tenant's household is a victim of [domestic violence / dating violence / sexual assault / stalking], and the dispossessory is based directly or indirectly on incidents of such violence. Documentation attached as Exhibit "2."

☐ 6.10. Servicemembers Civil Relief Act (50 U.S.C. § 3951). Tenant or a member of Tenant's household is on active military duty. Tenant invokes the SCRA stay. See Section 10.

☐ 6.11. Self-help / illegal lockout / utility shut-off (O.C.G.A. § 44-7-14.1). Plaintiff has engaged in self-help by [☐ changing locks, ☐ removing belongings, ☐ shutting off electricity, ☐ shutting off gas, ☐ shutting off water, ☐ shutting off cooling]. This conduct is unlawful under § 44-7-14.1 and provides a defense and counterclaim. See Section 8.

☐ 6.12. Security-deposit setoff (O.C.G.A. §§ 44-7-30 through 44-7-37). Plaintiff holds Tenant's security deposit of $[__________] which should be credited against any sums otherwise found due.

☐ 6.13. Improper venue / jurisdiction. The Premises are not located within the territorial jurisdiction of this Court.

☐ 6.14. Improper plaintiff / standing. Plaintiff is not the owner, lessor, or authorized agent. Tenant's lease is with [TRUE LANDLORD NAME].

☐ 6.15. Defective service of process. Service did not comply with O.C.G.A. § 44-7-51 because [____________].

☐ 6.16. Waiver / estoppel. Plaintiff waived the alleged default by [accepting partial payment, prior course of dealing, written modification, etc.].

☐ 6.17. CARES Act / federal subsidy notice (if applicable). Premises are a "covered property" under 15 U.S.C. § 9058 (CARES Act). Plaintiff failed to provide the required 30-day pre-eviction notice.

☐ 6.18. HUD pre-eviction notice (subsidized housing). Plaintiff failed to comply with HUD pre-eviction notice and good-cause requirements applicable to [Section 8 PBV / public housing / LIHTC].

☐ 6.19. Lack of HUD pandemic-era documentation (where applicable). [As applicable.]

☐ 6.20. Other affirmative defenses: [____________].

7. TENDER DEFENSE UNDER O.C.G.A. § 44-7-52

☐ 7.1. Pursuant to O.C.G.A. § 44-7-52, Tenant tenders the following sums into the registry of the Court within seven (7) days after the date of the dispossessory warrant:

☐ 7.2. Tenant has NOT exercised the statutory right of tender under § 44-7-52 in the preceding twelve (12) months.

☐ 7.3. Plaintiff is required by statute to accept this tender; the dispossessory action terminates upon tender and the Tenant is restored to full possession.

8. COUNTERCLAIMS

Tenant asserts the following counterclaims pursuant to O.C.G.A. § 44-7-51, which authorizes joinder of any legal or equitable counterclaim:

☐ 8.1. Count I — Breach of Implied Warranty of Habitability and Statutory Repair Duty (O.C.G.A. §§ 44-7-13 and 44-7-14). Plaintiff has failed to keep the Premises in repair, resulting in [DESCRIBE CONDITIONS — e.g., mold, leaking roof, broken HVAC, vermin, plumbing failures]. Tenant has notified Plaintiff in writing on [DATES] and Plaintiff has failed to respond reasonably. Tenant claims rent abatement and damages of $[__________].

☐ 8.2. Count II — Self-Help Eviction / Illegal Utility Shut-Off (O.C.G.A. § 44-7-14.1). Plaintiff engaged in self-help by [LOCKOUT / UTILITY SHUT-OFF / REMOVAL OF PROPERTY]. Tenant claims actual damages, civil penalties up to $500 per occurrence under § 44-7-14.1, and attorney's fees.

☐ 8.3. Count III — Retaliatory Eviction (O.C.G.A. § 44-7-24). As pleaded in Section 6.6, Tenant claims one month's rent ($[__________]) plus $500.00 plus court costs and reasonable attorney's fees (where Plaintiff's conduct is willful, wanton, or malicious).

☐ 8.4. Count IV — Fair Housing Discrimination (42 U.S.C. § 3613; O.C.G.A. § 8-3-216). Tenant claims actual damages, punitive damages, and attorney's fees.

☐ 8.5. Count V — Conversion / Wrongful Withholding of Personal Property. [If applicable.]

☐ 8.6. Count VI — Failure to Return Security Deposit (O.C.G.A. § 44-7-34). [If applicable — typically asserted only post-vacate.]

☐ 8.7. Count VII — Breach of Quiet Enjoyment. [If applicable.]

☐ 8.8. Count VIII — Other: [____________].

9. RENT INTO COURT REGISTRY

☐ 9.1. Pursuant to O.C.G.A. § 44-7-54, Tenant ☐ HAS / ☐ WILL pay into the registry of the Court the sum of $[__________], representing all rent past-due as of the date of this Answer.

☐ 9.2. Tenant ☐ DISPUTES the amount of past-due rent claimed by Plaintiff and requests a hearing to determine the correct amount to be paid into the registry.

☐ 9.3. Tenant will continue to pay future rent into the registry on the [____] of each month until further order of the Court.

10. SERVICEMEMBERS CIVIL RELIEF ACT

☐ 10.1. ☐ Tenant or a member of Tenant's household is on active duty in the United States Armed Forces.

☐ 10.2. ☐ Tenant invokes the protection of the Servicemembers Civil Relief Act, 50 U.S.C. § 3951 et seq.

☐ 10.3. ☐ Tenant requests a stay of these proceedings of not less than 90 days pursuant to 50 U.S.C. § 3932.

☐ 10.4. ☐ A copy of the active-duty orders / Defense Manpower Data Center (DMDC) verification is attached as Exhibit "3."

11. DEMAND FOR JURY TRIAL

☐ 11.1. ☐ Tenant demands a trial by jury on all issues so triable. Pursuant to O.C.G.A. § 15-10-41 and Magistrate Court Uniform Rule 41, Tenant requests transfer to State Court / Superior Court of [COUNTY] County for jury trial. [Note: Magistrate Court does not conduct jury trials; a jury demand triggers transfer.]

☐ 11.2. ☐ Tenant DOES NOT demand a jury trial and consents to bench trial in this Court.

12. PRAYER FOR RELIEF

WHEREFORE, Defendant Tenant prays:

☐ 12.1. That this Court DENY Plaintiff's prayer for a writ of possession and money judgment;

☐ 12.2. That the action be DISMISSED upon Tenant's tender under O.C.G.A. § 44-7-52 (if applicable);

☐ 12.3. That, upon trial, the Court enter judgment in favor of Tenant on Plaintiff's claims and on each of Tenant's Counterclaims;

☐ 12.4. That the Court award Tenant:

• (a) Rent abatement / setoff for any periods the Premises were uninhabitable;
• (b) Actual damages in such amount as proved at trial;
• (c) Civil penalties under O.C.G.A. §§ 44-7-14.1 and 44-7-24;
• (d) Statutory damages under FHA and Georgia FHA (if applicable);
• (e) Reasonable attorney's fees as authorized by statute;
• (f) Court costs;
• (g) Such other and further relief as the Court deems just and proper.

13. VERIFICATION

I, [TENANT NAME], declare under penalty of perjury under the laws of the State of Georgia that the factual statements in this Answer are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

[________________________________]
[TENANT NAME]
Defendant

(If signed by counsel only, attach a separate sworn verification by Tenant.)

Sworn to and subscribed before me this [____] day of [MONTH], [YEAR].

[________________________________]
Notary Public / Clerk / Magistrate
My commission expires: [__/__/____]
[NOTARIAL SEAL]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a copy of this Answer, Affirmative Defenses, and Counterclaim on:

[PLAINTIFF'S NAME / COUNSEL]
[ADDRESS]
[EMAIL]

by:

• ☐ U.S. first-class mail, postage prepaid
• ☐ Hand-delivery
• ☐ Email (if authorized by court rule or agreement)
• ☐ Filed through the Magistrate Court's eFileGA / electronic filing system, which provides electronic service
• ☐ Other: [____________]

[________________________________]
[TENANT NAME / COUNSEL]
Date: [__/__/____]

15. GEORGIA PRACTICE NOTES

☐ 15.1. 7-day deadline. O.C.G.A. § 44-7-51. The "last day to answer" is on the summons. Holiday rule: if day 7 falls on a Saturday, Sunday, or Georgia legal holiday, answer is due the next business day.

☐ 15.2. Oral answer. Tenants may answer orally at the Clerk's office. The Clerk endorses the substance on the affidavit. This is fully effective but provides less of a record than a written answer.

☐ 15.3. Tender right. O.C.G.A. § 44-7-52 — once-per-12-months. The tender must include all past-due rent AND the costs of the dispossessory warrant. Some courts apply the 7-day window from filing; others from service. File or pay quickly.

☐ 15.4. Habitability is narrow but recognized. Georgia is a "warranty of habitability holdout" state but recognizes a statutory duty to repair under O.C.G.A. §§ 44-7-13 and 44-7-14. Document written notice to landlord, photos, and any code-enforcement records. Thompson v. Crownover, 259 Ga. 126 (1989), recognizes habitability as a contractual obligation.

☐ 15.5. Retaliation. O.C.G.A. § 44-7-24 establishes a prima facie case if landlord acts within 3 months of protected activity. Penalty: 1 month's rent + $500 + court costs + attorney's fees if willful.

☐ 15.6. Self-help. O.C.G.A. § 44-7-14.1 — illegal lockouts and utility shut-offs (including cooling, per 2024 Safe at Home Act). $500 civil penalty, plus actual damages and attorney's fees.

☐ 15.7. Rent into registry. § 44-7-54. Critical to keep possession during litigation. Apply for rent assistance immediately (211 Georgia, Star-C, Salvation Army, United Way, local nonprofits).

☐ 15.8. Appeal. 7 days from judgment (§ 44-7-56). To remain in possession during appeal, tenant must pay all past-due rent into court at the time of appeal AND pay future rent into the registry. Strict statutory compliance required.

☐ 15.9. Local resources.

• Atlanta: Atlanta Volunteer Lawyers Foundation (404-521-0790); Atlanta Legal Aid (404-524-5811); Housing Court Assistance Center (BeltLine).
• DeKalb: DeKalb Eviction Legal Defense Fund.
• Statewide: Georgia Legal Services Program (800-498-9469); GeorgiaLegalAid.org.
• Rental assistance: 211 Georgia; Star-C (Atlanta); Salvation Army.

☐ 15.10. Fair housing complaints can be filed in parallel with HUD (1-800-669-9777) or the Georgia Commission on Equal Opportunity.

16. SOURCES AND REFERENCES

• O.C.G.A. § 44-7-51 — Issuance of summons; service; 7-day answer; defenses and counterclaims.
• O.C.G.A. § 44-7-52 — Tender of rent and costs as complete defense.
• O.C.G.A. § 44-7-50 — Demand for possession; three-business-day notice (Safe at Home Act).
• O.C.G.A. §§ 44-7-13 and 44-7-14 — Landlord's repair duty; tort liability.
• O.C.G.A. § 44-7-14.1 — Self-help eviction prohibited (2024 amendment includes cooling).
• O.C.G.A. § 44-7-24 — Retaliation prima facie case.
• O.C.G.A. §§ 44-7-30 through 44-7-37 — Security deposit.
• O.C.G.A. § 44-7-54 — Rent into court registry; bond.
• O.C.G.A. § 44-7-55 — Judgment; landlord's wrongful conduct.
• O.C.G.A. § 44-7-56 — Appeal; rent pending appeal.
• Thompson v. Crownover, 259 Ga. 126 (1989).
• 42 U.S.C. §§ 3601 et seq. — Federal Fair Housing Act.
• O.C.G.A. §§ 8-3-200 through 8-3-223 — Georgia Fair Housing Act.
• 50 U.S.C. §§ 3901 et seq. — Servicemembers Civil Relief Act.
• 34 U.S.C. § 12491 — VAWA housing protections.
• 15 U.S.C. § 9058 — CARES Act 30-day eviction notice.
• Uniform Magistrate Court Rules, Rule 41 — Dispossessory.
• Georgia Magistrate Council Form MAG-30-01 — Dispossessory Affidavit and Summons.
• Georgia Office of Consumer Protection, Georgia Landlord-Tenant Handbook.
• Georgia Appleseed Center for Law & Justice, Safe at Home Act Bench Card (2024).