Dispossessory

On this page, you will find all the necessary Dispossessory instructions and forms for the Decatur Magistrate Court in Bainbridge, Georgia.

What is a Dispossessory?

When a landlord wants a tenant to move out of a rental property and the tenant will not move voluntarily, the landlord must come to court and seek an order to remove tenant from the property, using the dispossessory process. This instructional guide is for the Landlord, the individual or entity seeking to remove a tenant from your property.

As the landlord, you are the plaintiff and are responsible for how this matter moves through the court. You must identify the correct tenant, file the action and serve the tenant(s). The tenant may choose: to answer, to answer and file a counterclaim or to not answer. After completing your part, the court will schedule your case based on the tenant’s response.

Appeal: An appeal must be filed within 10 days of the judgment by the losing party.

LANDLORD INSTRUCTIONS

The Basics

Before filing your case, make sure: the property is located in Decatur County, you requested that the tenant give up possession of the property and leave, you have a landlord-tenant relationship with the person you are seeking to remove, you are the property owner, if you are the agent for the owner complete the Rule 31 from allowing you to act on the owner’s behalf, and you have not attempted any form of self-help eviction, such as changing the locks, threatening the tenant, or suspending utility services. These acts are illegal and may subject you to a counterclaim for damages by the tenant. In order to file an action in this court, the landlord must pay $96.00 (and $50.00 for each additional defendant for the Sheriff’s service fee. Acceptable payment methods include: a money order, exact cash, or check.

Dispossessory Procedure

Step 1: File Dispossessory Affidavit

Where the tenant has not paid rent or has otherwise breached the lease and refuses to give up possession, you can file a “Dispossessory Affidavit” to remove the tenant. The affidavit must be notarized with a signature and seal under oath OR sworn or affirmed by a deputy clerk. The affidavit must: (1) state the property is located within Decatur County; (2) list the exact address; (3) name each tenant; (4) identify the reason why the tenant should be moved (i.e. nonpayment of rent or breach of lease).

Dispossessory Affidavit Form

Dispossessory Application Form
Step 2: Service

The tenant must be served with a copy of the dispossessory warrant. Service may occur: personally, on the tenant(s); by being left with a person over 18 years of age at the tenant’s residence; or after attempting personal service, by tacking a copy of the affidavit to the tenant’s door, AND mailing him a copy. This is tack and mail service.
Step 3: Default

An Answer is a tenant’s legal reply to the Landlord’s dispossessory affidavit. The tenant must file an answer to the eviction papers or lose the right to challenge the removal in court within 7 days after being served. The last day to Answer should be written on the eviction papers.

If the tenant does not file an answer, you may request to remove the tenant on the eighth (8th) day. If the tenant files an answer, the court will set a date for a hearing and notify you of the date by mail. In the answer, the tenant must admit or deny the landlord’s claims, list any claimed defenses or counterclaims, list any claimed defenses or counterclaims for damages. Inability to pay rent due to illness, lost job or other financial hardship is not a sufficient defense to eviction.

A tenant cannot be evicted if this is the first time in 12 months that he has been served with eviction papers and the tenant pays all monies owed plus the costs of the dispossessory warrant within 7 days of being served.

If the tenant pays you, you may dismiss the affidavit.
Step 3: Tenant’s Answer

If the tenant fails to appear, the court may grant Judgment in the landlord’s favor. If the tenant does not answer within 7 days after service, you may request a Writ of Possession. If the landlord fails to appear, the case will be dismissed.

Dispossessory Answer Form
Step 4: Default
Step 5: Mediation

Mediation is an option for both parties and allows them to direct the outcome of the case by working with a neutral third person. If an agreement is reached, the case ends.

The Court offers mediation services for free on the day of the hearing. If the parties cannot reach agreement, the case goes to trial.
Step 6: Getting Ready for Trial

Trial is a hearing where both parties present their evidence to a judge. Evidence may be presented through documents or witness testimony. You should bring all people who have direct knowledge of the facts related to your case and any documents (the lease), photographs, repair bills, receipts or other physical evidence you feel will help the Court better understand your case. The Court’s ruling will be based on the witnesses and evidence shown at trial.

The Court cannot consider any statements (written or oral) of any person to testify so that the opposing party can cross-examine (question) them. There are, however, limited exceptions when such evidence will be allowed.
Step 7: Trial

Arrive early. Immediately before court starts. The case manager will call the calendar. This lets the court know who is present. Parties who miss the call of their case or name run the risk of having their case dismissed or a judgment entered against them.

After the hearing, if the tenant loses, the Judge may issue an Order granting the landlord a writ of possession in seven (7) days. This will give the tenant 7 days to vacate the property. This 7 days grace period is set by legislature and the Judge cannot change it. The Judge will also determine if any money for rent or other charges must be paid to the landlord. If the tenant has filed a counterclaim, the Judge will hear the counterclaim during the hearing and issue a ruling.
Step 8: Writ of Possession

The losing party has 7 days from the date of the judgment to file an appeal. In order to maintain possession of the property during the appeal, the tenant must pay the judgment and future rent into the registry of the Court. The judgment must be paid at the time of the appeal. The appealing party must also pay the costs to transfer the case to the State or Superior Court for the appeal.

If your WRIT was signed over 30 days ago, you will have to refile to certify the above is still true.After the Court processes your writ application, you may call the Sheriff’s Department if the tenant fails to leave the property as required by the Writ of Possession. You must make arrangements to have the tenant’s items removed, if they have not voluntarily left the premises.

Motion for Writ Form
Step 9: Appeal

Dispossessory

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What is a Dispossessory?

LANDLORD INSTRUCTIONS

The Basics

Dispossessory Procedure