Georgia Demand for Possession + Dispossessory Affidavit/Complaint Package

Georgia Demand for Possession + Dispossessory Affidavit/Complaint Package

PART A — DEMAND FOR POSSESSION / NOTICE TO PAY OR VACATE

DEMAND FOR POSSESSION / NOTICE TO PAY OR VACATE

(O.C.G.A. § 44-7-50, as amended by HB 404)

TO: [________________________________] (Tenant)
AND: All other occupants of:
[____________________________________________________________]
[City], [County] County, Georgia [Zip]

YOU ARE HEREBY NOTIFIED that you are in default of your tenancy obligations to the undersigned Landlord, and DEMAND IS HEREBY MADE for possession of the above-described premises.

REASON FOR THIS DEMAND (check applicable):

☐ Nonpayment of rent. Rent, late fees, utilities, or other charges in the total sum of $[__________] are past due and unpaid, itemized as follows:

Pursuant to O.C.G.A. § 44-7-50(b), you have THREE (3) BUSINESS DAYS after receipt of this notice in which to remit the full amount due OR deliver possession of the premises. If you pay the full amount due within such time, the Landlord may not file a dispossessory proceeding for this default. Business days exclude Saturdays, Sundays, and legal holidays.

☐ Holdover. Your tenancy expired or was lawfully terminated on [__/__/____]; you are a tenant at sufferance.

☐ Lease violation. You have materially breached the following covenant of your lease: [____________________________________].

☐ Non-renewal of tenancy at will. A 60-day notice of termination was served on [__/__/____] in accordance with O.C.G.A. § 44-7-7.

☐ Other: [____________________________________________________________].

DEMAND IS HEREBY MADE that you deliver possession of the Premises to the Landlord. Failure to comply with this Demand will result in the immediate filing of a Dispossessory Affidavit against you in the Magistrate Court of [____________________] County, Georgia.

Payment may be tendered to:
Name: [________________________________]
Address: [________________________________]
Acceptable methods: ☐ Certified funds ☐ Money order ☐ Online portal at [____________________]

Dated: [__/__/____]

[________________________________]
Landlord / Authorized Agent
[________________________________]
Address
[________________________________]
Telephone

CERTIFICATE OF SERVICE OF DEMAND

I, [________________________________], certify that on [__/__/____] at [____]:[____] ☐ a.m. ☐ p.m., I served the foregoing Demand for Possession on the Tenant by:

☐ Personal hand-delivery to the Tenant;
☐ Delivery to a person of suitable age and discretion residing at the Premises;
☐ Posting on the door of the Premises AND mailing first-class to the Premises;
☐ Certified mail, return receipt requested (Tracking #: [____________________]);
☐ Other (specify): [____________________].

[________________________________]
Signature of Server

PART B — DISPOSSESSORY AFFIDAVIT (O.C.G.A. § 44-7-51)

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

Civil Action File No.: [____________________]

DISPOSSESSORY AFFIDAVIT

Personally appeared before the undersigned officer, duly authorized to administer oaths, the undersigned Affiant, who upon oath deposes and states:

1. Affiant is the ☐ Landlord ☐ duly authorized agent of the Landlord of the residential premises located at:
[____________________________________________________________], [City], [County] County, Georgia, [Zip] (the "Premises").

2. The Landlord-Tenant relationship between Plaintiff and Defendant(s) exists pursuant to a ☐ written lease dated [__/__/____] ☐ oral tenancy ☐ tenancy at will. A copy of the written lease, if any, is attached as Exhibit A.

3. Defendant(s) is/are in possession of the Premises and is/are:

☐ Failing to pay rent in the amount of $[__________] for [____________________];
☐ A holdover tenant whose tenancy expired/was terminated on [__/__/____];
☐ A tenant at sufferance;
☐ In material breach of the lease: [____________________________________].

4. On [__/__/____], the Landlord made written demand for possession of the Premises in compliance with O.C.G.A. § 44-7-50, a copy of which (with proof of service) is attached as Exhibit B. More than three (3) business days have elapsed (for nonpayment cases) since service of the Demand, and Defendant(s) has/have failed and refused to comply.

5. The total amount of rent and other amounts past due and owing through the date of this Affidavit is:

Rent continues to accrue at the rate of $[__________] per ☐ day ☐ month.

6. The Landlord is entitled to a Writ of Possession and a money judgment against Defendant(s).

7. Plaintiff is in compliance with all applicable Georgia statutes including the Safe at Home Act (O.C.G.A. §§ 44-7-2, 44-7-3, and 44-7-50, as amended by HB 404).

WHEREFORE, Affiant prays:

A. That summons issue and be served on Defendant(s) requiring an answer within seven (7) days after service per O.C.G.A. § 44-7-51(b);
B. That a Writ of Possession issue directing the Sheriff to remove Defendant(s) and restore Plaintiff to possession of the Premises;
C. That judgment be entered against Defendant(s) in the amount of $[__________], plus per-diem rent at $[__________] per day until possession is delivered;
D. For court costs and (where authorized by the lease) reasonable attorney's fees;
E. For such other and further relief as the Court deems just and proper.

Dated: [__/__/____]

[________________________________]
Affiant — Landlord / Authorized Agent
[Printed name and title]

Sworn to and subscribed before me this [____] day of [____________________], [______].

[________________________________]
Notary Public / Magistrate Court Clerk
My Commission Expires: [__/__/____]

SUMMONS (Issued by Magistrate Court Clerk — O.C.G.A. § 44-7-53)

TO THE DEFENDANT(S):

You are hereby summoned and required to file an Answer to the foregoing Dispossessory Affidavit within seven (7) days after service hereof (or, if the 7th day falls on a weekend or legal holiday, on the next business day), either in writing or orally with the Clerk of the Magistrate Court of [____________________] County, located at:

[____________________________________________________________]

FAILURE TO ANSWER will result in the issuance of a Writ of Possession and money judgment against you for the amounts demanded.

A hearing, if Answer is filed, will be set by the Court.

WARNING: Under O.C.G.A. § 44-7-52, you may stop this proceeding by tendering all past-due rent plus court costs within seven (7) days of receiving the summons — but only once in any 12-month period.

Date Summons Issued: [__/__/____]

[________________________________]
Clerk, Magistrate Court of [____________________] County

EXHIBITS

• Exhibit A: Written Lease Agreement (if any)
• Exhibit B: Demand for Possession + Certificate of Service
• Exhibit C: Rent Ledger / Itemization
• Exhibit D: Documentation of habitability and condition (for landlord's affirmative compliance with O.C.G.A. § 44-7-2)
• Exhibit E: Notice of Non-Renewal (if applicable)

PRACTICE NOTES — GEORGIA

• Safe at Home Act (HB 404, eff. July 1, 2024). Three major changes:
  1. 3-business-day pay-or-vacate notice required for nonpayment (O.C.G.A. § 44-7-50(b));
  2. Security deposit cap of two (2) months' rent (O.C.G.A. § 44-7-3);
  3. Implied warranty of habitability codified (O.C.G.A. § 44-7-2(b)) — premises must be "fit for human habitation."
• One-time tender rule (O.C.G.A. § 44-7-52). Defendant may tender full rent + costs once per 12 months to dismiss the action. Confirm prior tender history before filing.
• Service of dispossessory (O.C.G.A. § 44-7-53). Service by sheriff/marshal or constable: personal, "notorious" (suitable-age person at premises), OR "tack and mail" (post on door + first-class mail) — but tack-and-mail prohibits in personam money judgment unless personal or notorious service is later perfected.
• 7-day stay of writ (O.C.G.A. § 44-7-55(c)). Writ of Possession may not be executed until at least seven (7) days after judgment.
• Magistrate jurisdiction. Magistrate Court has concurrent jurisdiction; some counties (e.g., Fulton) channel dispossessories through Magistrate, while State Court hears appeals.
• Appeal (O.C.G.A. § 44-7-56). De novo appeal to State or Superior Court within 7 days; tenant must pay rent into the registry during appeal.
• Self-help prohibited. Landlords may not change locks, remove possessions, or shut off utilities; treble damages and equitable relief possible.

SOURCES AND REFERENCES

• O.C.G.A. § 44-7-50 (Demand for possession): https://law.justia.com/codes/georgia/title-44/chapter-7/article-3/section-44-7-50/
• HB 404 / Safe at Home Act: https://www.legis.ga.gov/legislation/64363
• Georgia Landlord-Tenant Handbook (DCA): https://dca.georgia.gov/document/publications/georgia-landlord-tenant-handbook-pdf/download
• Council of Magistrate Court Judges (forms): https://georgiamagistratecouncil.com/