Dispossessory Affidavit and Summons (Eviction Complaint) — Georgia

DISPOSSESSORY AFFIDAVIT AND SUMMONS — STATE OF GEORGIA

TABLE OF CONTENTS

1. Caption
2. Affiant Identification and Authority
3. Parties and Premises
4. Tenancy and Rental Terms
5. Grounds for Dispossessory
6. Demand for Possession
7. Refusal or Failure to Deliver Possession
8. Itemization of Rent and Other Sums Due
9. Statements Required by Federal Law
10. Prayer for Relief
11. Verification under Oath
12. Summons
13. Sheriff's / Marshal's Return of Service
14. Georgia Practice Notes
15. Sources and References

1. CAPTION

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

CIVIL ACTION FILE NO. [________________________________]

DISPOSSESSORY AFFIDAVIT AND SUMMONS
(O.C.G.A. § 44-7-50)

2. AFFIANT IDENTIFICATION AND AUTHORITY

Personally appeared before the undersigned officer authorized by law to administer oaths, [AFFIANT NAME], who, after being duly sworn, deposes and states under oath:

☐ 2.1. Affiant's full legal name is [AFFIANT NAME].

☐ 2.2. Affiant is (check one):

• ☐ The Plaintiff/Owner
• ☐ Authorized agent of the Plaintiff/Owner pursuant to written authority (attached as Exhibit "A")
• ☐ Property manager of the Plaintiff/Owner
• ☐ Attorney-at-law for the Plaintiff/Owner, Georgia Bar No. [____________]
• ☐ Attorney-in-fact for the Plaintiff/Owner under power of attorney dated [__/__/____]

☐ 2.3. Affiant has personal knowledge of the facts stated in this Affidavit and is competent to testify thereto.

3. PARTIES AND PREMISES

☐ 3.1. Plaintiff: [PLAINTIFF FULL LEGAL NAME], a [☐ individual ☐ Georgia corporation ☐ Georgia LLC ☐ foreign corporation authorized to do business in Georgia ☐ partnership ☐ trust], with principal address at [ADDRESS].

☐ 3.2. Defendant(s): [DEFENDANT NAME(S)], who reside(s) at the premises described below.

☐ 3.3. Premises: [STREET ADDRESS], [CITY], [COUNTY] County, Georgia [ZIP], Unit [____] (the "Premises").

☐ 3.4. The Premises are located within the territorial jurisdiction of this Court.

☐ 3.5. Plaintiff is the owner / authorized lessor of the Premises and is entitled to possession.

☐ 3.6. Plaintiff has no other person or entity with whom Plaintiff has a landlord-tenant relationship as to the Premises (or, if so, identify):
[________________________________].

4. TENANCY AND RENTAL TERMS

☐ 4.1. Type of tenancy (check all that apply):

• ☐ Written lease dated [__/__/____], term [START] through [END]
• ☐ Oral month-to-month tenancy
• ☐ Tenancy at will (O.C.G.A. § 44-7-6)
• ☐ Tenancy at sufferance (holdover after expiration of fixed term)
• ☐ Other: [____________]

☐ 4.2. Monthly rent: $[__________], due on the [____] day of each month.

☐ 4.3. Late fee: $[__________] if not received by the [____] day.

☐ 4.4. Security deposit on file: $[__________].

☐ 4.5. Rental commencement date: [__/__/____].

☐ 4.6. For Safe-at-Home-Act-covered leases (entered into or renewed on or after July 1, 2024): ☐ Yes ☐ No.

5. GROUNDS FOR DISPOSSESSORY

Plaintiff asserts the following statutory ground(s) under O.C.G.A. § 44-7-50:

☐ 5.1. ☐ Nonpayment of rent. Defendant has failed to pay rent and/or other charges owed when due. Total past-due balance is $[__________] as of the date of this Affidavit (itemized in Section 8).

☐ 5.2. ☐ Holdover after termination. Defendant holds the Premises beyond the term for which they were rented or leased to Defendant. Lease/term expired on [__/__/____].

☐ 5.3. ☐ Tenant at sufferance / at will after termination notice. Plaintiff terminated the tenancy at will by 60-day notice under O.C.G.A. § 44-7-7 served on [__/__/____], with termination date of [__/__/____]; Defendant has failed to vacate.

☐ 5.4. ☐ Material breach of lease. Defendant has materially breached the lease as follows: [DESCRIBE BREACH AND CITE LEASE PARAGRAPH].

☐ 5.5. ☐ Other ground: [____________].

6. DEMAND FOR POSSESSION

☐ 6.1. On [__/__/____], Plaintiff (or Plaintiff's authorized agent or attorney) demanded possession of the Premises from Defendant pursuant to O.C.G.A. § 44-7-50.

☐ 6.2. Method of demand (check all that apply):

• ☐ Written demand hand-delivered to Defendant
• ☐ Written demand posted in a sealed envelope conspicuously on the door of the Premises (Safe at Home Act, § 44-7-50(c))
• ☐ Written demand sent by U.S. mail, postage prepaid, to Defendant at [ADDRESS]
• ☐ Written demand sent by certified mail, return receipt requested, tracking #[__________]
• ☐ Written demand sent by [email / text / portal] as authorized by the lease
• ☐ Oral demand (give details): [____________]
• ☐ Other: [____________]

☐ 6.3. Three-business-day notice (residential nonpayment, leases entered/renewed on/after July 1, 2024): ☐ Three-business-day notice to vacate or pay was served on [__/__/____] in compliance with O.C.G.A. § 44-7-50(c). A true and correct copy is attached as Exhibit "B".

☐ 6.4. Federal lease termination notice (HUD-subsidized only): ☐ Issued concurrently with this demand pursuant to O.C.G.A. § 44-7-50(b). A copy is attached as Exhibit "C".

7. REFUSAL OR FAILURE TO DELIVER POSSESSION

☐ 7.1. Defendant has refused or failed to deliver possession of the Premises after demand by Plaintiff.

☐ 7.2. As of the date of this Affidavit, Defendant continues to occupy the Premises.

☐ 7.3. Plaintiff has not waived the breach or accepted any cure that would render dispossessory inappropriate.

8. ITEMIZATION OF RENT AND OTHER SUMS DUE

9. STATEMENTS REQUIRED BY FEDERAL LAW

☐ 9.1. Servicemembers Civil Relief Act. Plaintiff has investigated and, upon information and belief, no Defendant is on active duty in the United States military within the meaning of 50 U.S.C. § 3911.

☐ 9.2. Bankruptcy. Upon information and belief, no Defendant has filed a petition under Title 11 of the U.S. Code that would impose an automatic stay under 11 U.S.C. § 362; if a stay is in place, Plaintiff acknowledges its applicability.

☐ 9.3. Fair Debt Collection Practices Act. This Affidavit is filed for the recovery of possession and is not solely a debt-collection communication.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

☐ 10.1. That this Court issue a Summons commanding Defendant to answer this Affidavit within seven (7) days of service in accordance with O.C.G.A. § 44-7-51;

☐ 10.2. That, if Defendant fails to answer, the Court enter a default judgment and issue a Writ of Possession in favor of Plaintiff instanter under O.C.G.A. § 44-7-53(a);

☐ 10.3. That, upon trial or default, the Court award Plaintiff:

• (a) A Writ of Possession of the Premises;
• (b) A money judgment for all past-due rent and other charges itemized above;
• (c) Holdover damages at the rate of $[____] per day from [DATE] until possession is restored;
• (d) Court costs;
• (e) Attorney's fees as authorized by lease and/or O.C.G.A. § 13-1-11 (if applicable);
• (f) Post-judgment interest at the legal rate;
• (g) Such other and further relief as the Court deems just and proper.

11. VERIFICATION UNDER OATH

I, [AFFIANT NAME], having been duly sworn, state under oath that the foregoing facts are true and correct to the best of my knowledge, information, and belief, and that I am authorized to make this Affidavit.

Dated: [__/__/____]

[________________________________]
[AFFIANT NAME]
☐ Plaintiff ☐ Agent ☐ Attorney ☐ Attorney-in-Fact

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

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

12. SUMMONS

TO THE DEFENDANT(S) NAMED ABOVE:

YOU ARE HEREBY SUMMONED and required to file an Answer to the foregoing Dispossessory Affidavit, either orally or in writing, with the Clerk of the Magistrate Court of [COUNTY] County, located at [COURT ADDRESS], WITHIN SEVEN (7) DAYS after service of this Summons and the Affidavit upon you. If the seventh day falls on a Saturday, Sunday, or legal holiday, your answer is due on the next day that is not a Saturday, Sunday, or legal holiday.

Last day to answer: [__/__/____].

If you fail to answer within seven (7) days, judgment by default may be entered against you for the relief demanded in the Affidavit, including a Writ of Possession evicting you from the Premises and a money judgment for the amounts claimed, without further notice or hearing.

IMPORTANT NOTICE TO TENANT:

• You may file your Answer either in writing or orally at the Clerk's office.
• You may assert any legal or equitable defense or counterclaim, including (without limitation): payment, tender of rent and costs under O.C.G.A. § 44-7-52, defective demand, breach of the implied warranty of habitability under O.C.G.A. §§ 44-7-13 and 44-7-14, retaliatory eviction under O.C.G.A. § 44-7-24, federal Fair Housing Act / Georgia Fair Housing Act discrimination, VAWA protections, security-deposit setoff under O.C.G.A. §§ 44-7-30 et seq., a properly grounded civil claim concerning any lockout, property removal, or utility suspension, accord and satisfaction, waiver, estoppel, and SCRA stay.
• Free or low-cost legal assistance may be available from Atlanta Legal Aid (404-524-5811), Atlanta Volunteer Lawyers Foundation (404-521-0790), Georgia Legal Services Program (800-498-9469), or by visiting GeorgiaLegalAid.org.
• The Atlanta Eviction Diversion Program (Star-C) and DeKalb Eviction Legal Defense Fund may provide rental assistance or representation.

This [____] day of [MONTH], [YEAR].

[________________________________]
Clerk / Deputy Clerk, Magistrate Court of [COUNTY] County

13. SHERIFF'S / MARSHAL'S RETURN OF SERVICE

I served the within Dispossessory Affidavit and Summons on Defendant [NAME] by the following method:

• ☐ Personal service on Defendant at [ADDRESS] on [__/__/____] at [____] [a.m./p.m.]
• ☐ Notorious / abode service by leaving a copy at the Premises with [NAME], a person sui juris residing thereon, on [__/__/____]
• ☐ Tack and mail. After reasonable effort and finding no person sui juris residing on the Premises, I served Defendant by:
• (a) Posting a copy of the Summons and Affidavit on the door of the Premises on [__/__/____], AND
• (b) On the same day, enclosing, directing, stamping, and mailing by first-class U.S. mail a copy to Defendant at the last known address: [ADDRESS]

[________________________________]
[SHERIFF / MARSHAL / DEPUTY]
[COUNTY] County, Georgia
Date: [__/__/____]

14. GEORGIA PRACTICE NOTES

☐ 14.1. Filing fees (typical, county-by-county):

• Magistrate Court filing fee: $54–$80
• Sheriff's / marshal's service fee: $35–$50 per defendant
• Writ of possession execution fee: $25–$50
• Verify with the destination court at filing.

☐ 14.2. Trial timing. Most Magistrate Courts set trial 10–14 days after answer. Some counties (Fulton, DeKalb, Cobb, Gwinnett) operate dedicated dispossessory calendars.

☐ 14.3. Rent-into-court. If the right to possession cannot be finally decided within two weeks after service of the summons and dispossessory affidavit, § 44-7-54(a) requires the tenant to pay into the court registry rent and tenant-responsibility utilities allegedly owed before the warrant, plus amounts becoming due after it. The court determines a disputed rent amount; a receipt may show prior payment to the landlord. Failure to make a required payment as it comes due can result in a writ of possession under § 44-7-54(b).

☐ 14.4. Tenant's tender right. Under O.C.G.A. § 44-7-52, in a nonpayment action the tenant may tender all rent allegedly owed plus the cost of the dispossessory warrant within seven (7) days after service of the summons. This can be a complete defense if the tenant has not used the tender defense against the landlord within the prior 12 months.

☐ 14.5. Writ of possession. If the tenant does not answer, § 44-7-53(a) directs issuance of a writ instanter. If judgment is entered against the tenant after trial, § 44-7-55(a) makes the writ effective seven days after judgment, except as provided in § 44-7-56. The marshal/sheriff executes the writ; landlord usually arranges movers and storage.

☐ 14.6. Appeal. Seven (7) days from judgment (§ 44-7-56). Tenant remaining in possession during appeal must pay all past-due rent into court registry at the time of appeal AND continue to pay future rent into the registry as it becomes due (supersedeas bond requirement).

☐ 14.7. Utility suspension. Section 44-7-14.1 bars a landlord from knowingly and willfully suspending cooling, heat, light, or water before final disposition of a dispossessory proceeding. On conviction it permits a fine up to $500. It does not itself establish a lockout claim, civil penalty, attorney-fee award, or automatic defense.

☐ 14.8. Personal property. O.C.G.A. § 44-7-55 and case law: landlord may remove tenant's personal property to the right-of-way following execution of the writ. Some local ordinances (e.g., Atlanta) require additional storage protocols.

☐ 14.9. CARES Act and federal subsidies. 30-day pre-eviction notice still applies to "covered properties" (federally backed mortgage or federal subsidy). Confirm before filing.

☐ 14.10. Atlanta and DeKalb. Local diversion and right-to-counsel programs may impact docket procedure; check standing orders.

15. SOURCES AND REFERENCES

• O.C.G.A. § 44-7-49 — Article 3 applicability.
• O.C.G.A. § 44-7-50 — Demand for possession; affidavit; three-business-day notice.
• O.C.G.A. § 44-7-51 — 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. § 44-7-53 — Default; writ of possession on no answer.
• O.C.G.A. § 44-7-54 — Bond required to remain in possession.
• O.C.G.A. § 44-7-55 — Judgment; writ of possession; landlord wrongful conduct; registry funds; personal property.
• O.C.G.A. § 44-7-56 — Appeal; possession and rent payments pending appeal.
• O.C.G.A. § 44-7-14.1 — Knowing and willful utility suspension during dispossessory prohibited; cooling added in 2024.
• O.C.G.A. § 13-1-11 — Statutory recovery of attorney's fees.
• Uniform Magistrate Court Rules, Rule 41 — Dispossessory.
• Georgia Magistrate Council Form MAG-30-01 — Dispossessory Affidavit and Summons.
• Georgia Department of Community Affairs, Georgia Landlord-Tenant Handbook: https://dca.georgia.gov/document/manuals/georgia-landlord-tenant-handbook-english/download
• Georgia Appleseed, Safe at Home Act Bench Card (2024).