Dispossessory Proceeding Affidavit – Georgia Court

The Dispossessory Proceeding Affidavit is a legal document used in the Magistrate Court of any county in Georgia for initiating eviction proceedings against a tenant. This form is essential for landlords or their legal representatives to file a dispossessory action, seeking the recovery of property and unpaid rent from tenants who have failed to meet their lease obligations.

This form is crucial for landlords seeking legal recourse to regain possession of their property and collect unpaid rent. It ensures that the eviction process is initiated formally and in accordance with the law.

Filling out this form correctly is crucial for initiating eviction proceedings in the Magistrate Court of your county in Georgia. Follow these step-by-step instructions to complete the form accurately:

Court and Case Information

1. • MAGISTRATE COURT OF _______________ COUNTY, GEORGIA
     • Enter the name of the county where the Magistrate Court is located.
   • DATE FILED
     • Leave this blank; the court will fill in the filing date.
   • CASE NO.
     • Leave this blank; the court will assign and fill in the case number.

Parties Involved

1. • Plaintiff’s Name & Address
     • Enter the full name and address of the landlord (plaintiff).
   • Defendant’s Name & Address
     • Enter the full name and address of the tenant (defendant).
     • If there are multiple tenants, include each tenant’s name and address.

Affidavit Details

1. • AFFIDAVIT
     • Indicate your role by checking the appropriate box: [ ] owner, [ ] attorney at law, [ ] agent for Plaintiff(s).
     • Property Address
       • Enter the address of the rental property in question.
     • County
       • Enter the name of the county where the property is located.
   • Claims Against Tenant
     • Check the appropriate box(es) for the claim(s) you are making against the tenant:
       • [ ] Tenant fails to pay the rent which is now past due.
       • [ ] Tenant holds the premises over and beyond the term for which they were rented or leased to the tenant.
       • [ ] Tenant is a tenant at sufferance.
       • [ ] Other: Specify any other reasons for the dispossessory action.
   • Past Due Rent
     • Enter the amount of past due rent owed by the tenant.
   • Accruing Rent
     • Enter the daily rental rate if you are seeking rent accruing up to the date of judgment or vacancy.
   • Additional Claims
     • Include any additional claims or demands.

Affiant’s Signature

1. • Date
     • Enter the date on which you are signing the affidavit.
   • Affiant
     • Print your name and check the appropriate box indicating your role: [ ] Owner, [ ] Attorney at Law, [ ] Agent.
   • Signature
     • Sign the affidavit in the presence of a notary public or other attesting official.
   • Attesting Official
     • The notary public or attesting official will sign and date the form.

Summons

1. • This section is for the court’s use. The Magistrate or Deputy Clerk will fill in the date and sign the summons.
   • Last Possible Date to File an Answer
     • The court will fill in this information, indicating the deadline for the tenant to file an answer.

Submission

1. • Submit the completed form to the Magistrate Court of the county where the property is located.
   • Ensure you have all necessary copies for the court and each defendant.

Important Notes

• Review the form thoroughly to ensure all information is accurate and complete.
• Failure to provide accurate information may result in delays or dismissal of your case.

By following these steps, you can correctly fill out the Dispossessory Proceeding Affidavit form and proceed with the eviction process in accordance with Georgia law.