Georgia Court | Tenancy Forms – Dispossessory Proceeding

Dispossessory Proceeding – Georgia Court

The Dispossessory Proceeding form, utilized by the Magistrate Court of Clayton County, State of Georgia, is an official document for landlords (plaintiffs) to initiate legal action against tenants (defendants) for reclaiming possession of rental property. The Dispossessory Proceeding form includes sections for both parties to clearly print their names, addresses, and contact information.

The affidavit within the form requires the plaintiff to specify the grounds for the dispossessory action, such as failure to pay rent, holding over beyond the lease term, or being a tenant at sufferance. The plaintiff must also state the desired outcomes, which may include possession of the premises, collection of past due rent, or rent accruing until judgment.

Additionally, the Dispossessory Proceeding contains a summons section, instructing the defendant to respond to the affidavit either in writing or orally at the Magistrate Court within seven days of service. Failure to respond may result in a Writ of Possession and/or a Judgment being issued against the defendant.

The document also includes a Certification of Availability for Video Mediation and/or Trial, allowing parties to indicate their ability to participate in video conferencing for mediation or trial purposes, especially relevant during the COVID-19 pandemic.

Finally, the form outlines the Sheriff’s procedures for serving the affidavit and summons and notes the consequences of non-compliance with the dispossessory action, including the abandonment of personal property left on the landlord’s premises after execution of a writ of possession.

This form is essential for ensuring that legal processes are followed in eviction cases, protecting the rights of both landlords and tenants.

Filling out this form correctly is crucial for initiating a legal action to regain possession of rental property. Follow these steps to complete the form accurately:

Plaintiff Information

1. • Name: Clearly print your full name.
   • Street Address: Provide your complete street address.
   • City, State, Zip Code: Enter the city, state, and zip code.
   • Email: Write your email address for correspondence.

Defendant Information

1. • Name: Clearly print the full name of the tenant.
   • Street Address: Provide the tenant’s complete street address.
   • City, State, Zip Code: Enter the city, state, and zip code where the tenant resides.

Affidavit

1. • Identify your role by circling (owner), (agent), or (attorney at law).
   • Check the appropriate box to indicate the reason for the dispossessory action:
     • (a) Tenant fails to pay rent which is now past due.
     • (b) Tenant holds the premises beyond the lease term.
     • (c) Tenant is a tenant at sufferance.
     • (d) Other (specify any other reason in the space provided).
   • Indicate the desired outcomes by circling all that apply:
     • (a) Possession of the premises.
     • (b) Past due rent amount.
     • (c) Rent accruing up to the date of judgment or vacancy (specify the daily rate).
     • (d) Any other desired relief (specify).

Sworn Statement

1. • Sign the affidavit in the presence of a Deputy Clerk or Notary Public.
   • Enter the date and your phone number with the area code.

Summons

1. • No additional information is required; this section is for court use.

Certification of Availability for Video Mediation and/or Trial

1. • Check the appropriate boxes to indicate whether you can participate in a video mediation/trial.
   • If able, agree to binding mediation via ZOOM by providing your email address for notifications.
   • Sign and date the certification and print your name and contact details.

Sheriff’s Entry of Service

1. • This section is for the sheriff’s use to document the method and date of service.

Important Notices

• Ensure that all information is printed neatly and clearly.
• Double-check all entered details for accuracy.
• Familiarize yourself with the legal implications regarding abandoned property and county code violations as noted in the form.

Completing this form accurately and thoroughly ensures that your dispossessory proceeding is processed without delays, helping you regain possession of your property legally and efficiently.