Dispossessory Affidavit Form – Georgia Court

The Dispossessory Affidavit Form is a legal document used in Fulton County, Georgia, to initiate proceedings against a tenant who is holding over or remaining in possession of rental property without the right to do so. The form “Dispossessory Affidavit” ensures that all necessary information is provided to pursue legal action for the recovery of rental property, and it sets forth clear instructions for both the landlord and the tenant regarding their rights and responsibilities in the dispossessory process.

Filling the form “Dispossessory Affidavit” out is essential for initiating legal proceedings against a tenant who is holding over or failing to pay rent. Follow these steps to complete the form accurately:

Plaintiff’s Information

1. • Name, Address, and Phone Number: Enter your full name, current address, and phone number. If you are represented by an attorney, include your attorney’s name, address, and phone number in the designated section.

Defendant’s Information

1. • Name and Address: Provide the tenant’s full name and the address of the rental property. Include the tenant’s phone number if available.

Affidavit Details

1. • Possession of Premises: Confirm that the defendant is in possession of the rental property located at the specified address in Fulton County.
   • Relationship to Property: Indicate your relationship to the property by checking the appropriate box (Owner, Attorney, Agent, or Lessee).
   • Grounds for Dispossessory: Check the applicable box to specify the reason for filing:
     • Fails to pay rent.
     • Holds the premises beyond the lease term.
     • Other grounds (provide a detailed explanation).

Demand for Possession

1. • Possession: Check the box for possession of the premises.
   • Past Due Rent: Specify the amount of past due rent, including the month(s) for which it is due.
   • Accruing Rent: State the rate of rent accruing up to the date of judgment or vacancy and the period it covers (e.g., per month).
   • Other Relief: Describe any additional relief sought (e.g., reimbursement for damages).

Sworn Statement

1. • Signature of Affiant: Sign your name in the presence of a Magistrate, Deputy Clerk, or Notary Public.
   • Name of Affiant: Print or type your name.
   • Date: Enter the date when you are signing the affidavit.
   • Contact Information: Provide your phone number and email address.

Summons

1. • This section will be completed by the court. It directs the defendant to file an answer within seven days from the date of service. The answer can be filed orally or in writing at the specified court location or electronically.

Entry of Service

1. • Method of Service: The process server will indicate how the affidavit and summons were served to the defendant:
     • Personally.
     • Notoriously upon an individual at the premises.
     • Tack and Mail (posting on the door and mailing).
   • Service Date: The process server will enter the date of service.
   • Process Server’s Information: The process server will print their name, radio/badge number, and sign the form. If served by a private process server, the signature must be notarized.

Certification and Witnessing

1. • Chief Judge: This section will be completed by the court, certifying that the affidavit was sworn and subscribed as per legal requirements.

Tips

• Ensure all information is accurate and complete to avoid delays in the legal process.
• Double-check the tenant’s address and your contact details.
• Provide a clear and detailed explanation for any “other grounds” for dispossessory actions.
• Keep a copy of the completed form for your records.