The Georgia Dispossessory Warrant (Affidavit) is the sworn court form a landlord files in Magistrate Court to start an eviction against a tenant who has not paid rent, has held over after the lease ended, or has broken a lease term. Filing it correctly is the only legal way to remove a tenant in Georgia, because O.C.G.A. § 44-7-50 makes “self-help” lockouts, utility shutoffs, and trash-outs illegal.
Georgia magistrate courts process more than 100,000 dispossessory filings each year, and clerks reject or dismiss a significant share of them for simple paperwork errors like a missing demand for possession, a wrong premises address, or an unsworn affidavit, according to the Judicial Council of Georgia. One bad box on this one-page form can cost a landlord weeks of lost rent and force a complete refile.
- 📝 How to complete every line and box on the Uniform Dispossessory Affidavit
- 🏛️ Where to file, what it costs, and how each Georgia county handles e-filing
- ⚖️ The statutes, deadlines, and tenant rights that shape your filing
- 👨👩👧 Three full walkthroughs with named landlords and real scenarios
- 🚫 The 10 most common mistakes that get dispossessory warrants thrown out
What the Form Is and Who Must File It
A Georgia Dispossessory Warrant is technically a Dispossessory Affidavit, the sworn statement a landlord swears under oath to start an eviction case under Article 3 of Georgia Code Title 44, Chapter 7. The form is published by the Council of Magistrate Court Judges of Georgia and adopted, with minor county branding changes, by every magistrate court in the state. The current uniform revision is dated Rev. 2024, and you should always confirm the version printed at the foot of the form before filing.
Any landlord, property owner, agent, or attorney with the legal right to possession may file. That includes mom-and-pop owners, LLCs holding rental property, property managers acting as agents under a written management agreement, foreclosure purchasers dealing with a tenant-at-sufferance, and Section 8 landlords following the HUD tenancy addendum. Tenants, roommates, or sub-lessors without a possessory interest cannot use this form.
The form solves three eviction grounds: nonpayment of rent, holding over beyond the lease term, and breach of a lease covenant. The consequence of using the wrong ground is dismissal, because the magistrate judge can only grant a writ of possession on the ground checked in the affidavit. A landlord who checks “nonpayment” but actually faces a holdover tenant must refile from scratch, losing the filing fee and at least two weeks of court time, as outlined by Georgia Legal Aid.
Before You Start: Documents and Information You Need
The clerk will not file a dispossessory warrant that is missing key facts, so gather everything before opening the form. Each item below maps to a specific box you must complete.
- The signed lease or rental agreement. Without it, you cannot prove the rental relationship or the rent amount. A missing lease often means the case is treated as month-to-month under O.C.G.A. § 44-7-7.
- A current rent ledger. This shows the unpaid balance line by line. Magistrate judges expect itemization at the hearing, and a vague “around $2,400” answer is enough to lose.
- Proof of the demand for possession. Georgia requires a demand before filing under O.C.G.A. § 44-7-50. Save the text, certified-mail receipt, or notarized witness statement.
- The tenant’s full legal name and any “all other occupants” language. Wrong names mean the writ cannot be enforced against the people actually in the unit.
- The exact property address, including unit number. Sheriffs and marshals will not execute a writ on a vague address.
- Your entity registration. If the landlord is an LLC or corporation, you need the Georgia Secretary of State control number from the Corporations Division.
- Your filing fee. Fees range from about $60 to $90 depending on county; Fulton charges $83, DeKalb charges $75, Gwinnett charges $78, and Cobb charges $70 as of 2026.
- A government photo ID. Required when you swear the affidavit before the clerk or notary.
- Bank or PayPal account for e-filing. Counties using PeachCourt or Tyler Odyssey eFileGA require electronic payment.
- The lease violation notice (if applicable). For breach-of-covenant filings, attach the written notice you sent the tenant.
If any of these is missing, the clerk may still accept the filing, but the case will collapse at the first hearing.
Where to Get the Form and How to Access It
The official statewide template lives on the Council of Magistrate Court Judges form library. Most counties also host their own branded version, which is functionally identical but carries the county seal and the local clerk’s filing instructions.
The largest metro counties publish their forms directly: Fulton County offers the Fulton Magistrate dispossessory packet, DeKalb publishes its form through the DeKalb Magistrate Court, Gwinnett provides the Gwinnett Magistrate dispossessory page, and Cobb posts its packet on the Cobb Magistrate Court site. Always download from the county where the property sits, because that is the only court with venue under O.C.G.A. § 44-7-50.
You can access the form four ways. First, download the PDF from the county website and print it. Second, pick up a paper copy at the magistrate clerk’s office during business hours. Third, log into the county’s e-filing portal, usually PeachCourt for most metro counties or Odyssey eFileGA where it is rolled out. Fourth, request the form by mail if the clerk’s office allows it, though this adds a week to the timeline.
Type the form rather than handwriting it. Magistrate clerks reject sloppy handwriting more often than people realize, and a typed affidavit also makes the sheriff’s job of finding the unit easier.
Step-by-Step: How to Fill Out the Georgia Dispossessory Affidavit Line by Line
The Uniform Dispossessory Affidavit is one page with a caption, a body of numbered paragraphs, a verification, and a signature block. Work through every field in order. The form’s exact field names below come straight from the Rev. 2024 uniform version.
Caption: County and Court
The caption asks you to name the county and confirm you are filing in the Magistrate Court of __________ County, Georgia.
Write the county where the rental property sits, not where you live or where your LLC is registered. Type FULTON in all caps to match court convention.
For example, Marcus Reed, who owns a duplex in East Atlanta, writes DEKALB because the duplex is in unincorporated DeKalb even though Marcus lives in Fulton.
If your property straddles a county line, use the county where the front door is located. A common edge case is a property in a city like Atlanta that crosses Fulton and DeKalb.
The most common mistake is filing in the landlord’s home county. The consequence is dismissal for lack of venue, a refund delay of 4–6 weeks, and a wasted demand for possession.
A widespread misconception is that the LLC’s registered-agent county controls venue. It does not. Only the property’s physical county controls under O.C.G.A. § 44-7-50.
Box 1: Plaintiff (Landlord) Name and Address
This box asks for the landlord’s legal name and mailing address.
Enter the exact legal name on the lease. For an individual, write the full name as on your driver’s license. For an LLC, write the LLC’s name exactly as registered with the Georgia Secretary of State, including LLC or L.L.C. to match the state record.
For example, Peachtree Holdings, LLC writes PEACHTREE HOLDINGS, LLC and lists its principal office address, 1234 Spring St NW, Atlanta, GA 30309.
If a property manager files on behalf of an owner, the owner is the plaintiff and the manager signs as agent. The agent’s authority must come from a written management agreement.
A common mistake is listing the property manager as the plaintiff. The consequence is dismissal because the manager has no possessory interest, and the case must be refiled in the owner’s name.
The misconception that “doing business as” names can be used here is wrong. Georgia courts want the legal entity, not the d/b/a.
Box 2: Defendant (Tenant) Name and “All Other Occupants”
This box names every person you want removed.
Write each tenant’s full legal name as it appears on the lease, then add the catch-all phrase and all other occupants so the writ reaches unauthorized roommates.
For example, Aisha Thompson signed the lease alone, but her boyfriend moved in. The landlord writes AISHA THOMPSON and all other occupants.
If the tenant uses a nickname on the lease, list both. Write ROBERT “BOBBY” KIM and all other occupants to head off identity disputes at the hearing.
A common mistake is listing only one of two co-tenants. The consequence is that the writ cannot be enforced against the unlisted tenant, who can refuse to leave and force a new case.
The misconception that minor children must be named is false. Minors are covered by the all other occupants phrase, which is endorsed in the Georgia Magistrate Court Benchbook.
Box 3: Premises Address
This box asks for the rental unit’s exact street address.
Write the full street number, street name, unit or apartment number, city, county, ZIP, and any building or gate code the sheriff needs. Include any second address (for example, a back-house with a separate entrance).
For example, 1827 Glenwood Ave SE, Apt B, Atlanta, GA 30316, DeKalb County, gate code 4412#.
If the property is in an unincorporated area, list the post-office city but clarify the county. A unit number that does not match the mailbox can confuse the marshal and stall the writ.
A common mistake is writing just 1827 Glenwood Ave SE with no unit. The consequence is the marshal cannot identify which unit to clear, and the writ is returned unexecuted.
The misconception that a parcel ID is enough is wrong. The court and the marshal both work from the street address, not the tax parcel.
Box 4: Rental Relationship and Type of Tenancy
This box asks how the tenant came to occupy the premises.
Check the box that matches your situation: tenant under a written lease, tenant at will, tenant at sufferance, or holdover tenant. Each ground has different notice requirements under O.C.G.A. § 44-7-7.
For example, Janet Owusu rents to a month-to-month tenant with no written lease. She checks tenant at will and confirms she gave the 60-day notice Georgia law requires for tenants at will.
A foreclosure buyer dealing with a former owner uses tenant at sufferance, which has its own service requirements under federal law.
A common mistake is checking tenant under a written lease when the lease expired. The consequence is the judge re-characterizing the case mid-hearing and possibly dismissing it.
The misconception that all month-to-month tenants get only 30 days’ notice is wrong. Georgia gives tenants at will 60 days under O.C.G.A. § 44-7-7, while the landlord must give only 30 days the other way.
Box 5: Grounds for Dispossession
This is the heart of the affidavit and asks why you want the tenant out.
Check one or more of: failure to pay rent, holding over beyond the term, or violation of lease terms. If you check violation of lease terms, you must describe the violation in the space provided in plain, specific language.
For example, Carlos Mendoza writes Tenant failed to pay rent due May 1, 2026 in the amount of $1,650.00 and remains in possession after demand.
If multiple grounds apply, check them all but keep your strongest ground first. Vague descriptions like tenant is a problem will draw a bench challenge.
A common mistake is leaving the violation description blank. The consequence is the judge dismissing the breach claim and forcing you to proceed only on nonpayment, if that ground was also checked.
The misconception that loud noise alone is enough is wrong. The lease must actually prohibit the conduct, and you must cite the specific lease clause.
Box 6: Demand for Possession
This box asks you to swear you made a demand for possession before filing.
Check Yes and describe how the demand was made: in person, by certified mail, by hand delivery to the unit, or by text/email if the lease allows electronic notice. O.C.G.A. § 44-7-50 requires this step before filing.
For example, On April 28, 2026, landlord hand-delivered a written demand for possession to tenant Aisha Thompson at the premises, and tenant refused to surrender possession.
If you mailed the demand, attach the certified-mail green card or USPS tracking proof. Some judges want a notarized affidavit of personal service when there is no green card.
A common mistake is filing the same day the demand was made without giving the tenant a chance to respond. The consequence is dismissal because the demand was not refused before filing.
The misconception that the lease’s pay-or-quit notice replaces a demand for possession is wrong. The demand is a separate statutory step, even if the lease has its own notice provisions.
Box 7: Amount of Rent and Other Sums Due
This box asks for the dollar figure the tenant owes.
Itemize past-due rent, late fees authorized by the lease, returned-check fees, and any utility charges the lease passes through to the tenant. Write the total to the penny.
For example, Past-due rent (May 2026): $1,650.00; Late fee: $75.00; NSF fee: $35.00; Total: $1,760.00.
If the tenant pays partial rent before the hearing, you can amend the figure at the hearing, but you cannot add new months without filing again under O.C.G.A. § 44-7-52.
A common mistake is including damages that are not rent (such as carpet damage). The consequence is the judge striking the amount and limiting the writ to the rent-only figure.
The misconception that you can collect attorney fees automatically is wrong. Fees are only available if the lease provides for them, and you must request them specifically.
Box 8: Per-Diem Rent
This box asks the daily rate of rent for any holdover period.
Divide monthly rent by 30 (or the days in the month, depending on the lease) and write the per-diem figure. The court uses this to calculate rent that accrues after the filing date.
For example, Monthly rent $1,650 ÷ 30 = $55.00 per diem.
If your lease defines per-diem differently, follow the lease. A short February tenancy can change the math.
A common mistake is leaving this blank because the landlord “only wants possession.” The consequence is the writ does not include money damages, and you must sue separately for back rent.
The misconception that per-diem only matters after the writ issues is wrong. Per-diem runs from the date the affidavit is filed.
Box 9: Plaintiff’s Verification and Signature
This box is the sworn part of the affidavit.
Sign in front of the magistrate clerk or a notary, never at home. The clerk or notary will administer the oath and stamp the form.
For example, Marcus Reed drives to the DeKalb Magistrate Clerk, shows his Georgia driver’s license, swears the facts are true, and signs Marcus Reed, individually.
If an agent signs, write Marcus Reed, as agent for Peachtree Holdings, LLC and bring the management agreement.
A common mistake is signing the affidavit at home before going to court. The consequence is the clerk refuses to file it, and you redo the trip.
The misconception that a digital signature is always acceptable is wrong. Most Georgia magistrate courts still require an in-person or e-notarized oath under O.C.G.A. § 45-17-8.
Box 10: Attorney Information (If Represented)
This box is for the attorney’s bar number and contact information.
Pro se landlords leave it blank. If an attorney files, the attorney lists the State Bar of Georgia bar number, firm name, address, phone, and email.
For example, Jane Patel, Esq., GA Bar No. 555123, Patel Law LLC, 999 Peachtree St NE, Suite 200, Atlanta, GA 30309.
If the attorney is out-of-state, they must be admitted pro hac vice before signing.
A common mistake is a paralegal signing here. The consequence is dismissal, because only an attorney or the landlord personally can verify the affidavit.
The misconception that an eviction-services company can sign for you is wrong. Non-attorney representation in court is the unauthorized practice of law in Georgia.
Three Filled-Out Examples Using Real Scenarios
Each scenario below follows one named landlord from caption to signature. Use them as templates, not as legal advice.
Scenario 1: Marcus Reed — Nonpayment of Rent (DeKalb County)
| Form Section | What Marcus Enters |
|---|---|
| County / Court | DEKALB Magistrate Court |
| Box 1 Plaintiff | MARCUS REED, 4501 Memorial Dr, Stone Mountain, GA 30083 |
| Box 2 Defendant | AISHA THOMPSON and all other occupants |
| Box 3 Premises | 1827 Glenwood Ave SE, Apt B, Atlanta, GA 30316, DeKalb County |
| Box 4 Tenancy | Tenant under a written lease dated 06/01/2025 |
| Box 5 Grounds | Failure to pay rent for May 2026 |
| Box 6 Demand | Hand-delivered written demand on April 28, 2026; tenant refused |
| Box 7 Amount Due | $1,650 rent + $75 late fee = $1,725 |
| Box 8 Per Diem | $55.00 |
| Box 9 Signature | Marcus Reed, sworn before DeKalb clerk 05/02/2026 |
Scenario 2: Janet Owusu — Holdover After 60-Day Notice (Fulton County)
| Form Section | What Janet Enters |
|---|---|
| County / Court | FULTON Magistrate Court |
| Box 1 Plaintiff | JANET OWUSU, 88 West End Ave SW, Atlanta, GA 30310 |
| Box 2 Defendant | ROBERT “BOBBY” KIM and all other occupants |
| Box 3 Premises | 742 Lee St SW, Atlanta, GA 30310, Fulton County |
| Box 4 Tenancy | Tenant at will, month-to-month |
| Box 5 Grounds | Holding over after expiration of 60-day notice given 03/01/2026 |
| Box 6 Demand | Certified mail demand on May 3, 2026, USPS tracking 9407… |
| Box 7 Amount Due | $0 (possession only) |
| Box 8 Per Diem | $40.00 |
| Box 9 Signature | Janet Owusu, sworn before Fulton clerk 05/10/2026 |
Scenario 3: Peachtree Holdings, LLC — Lease Violation (Gwinnett County)
| Form Section | What Carlos Enters (as agent) |
|---|---|
| County / Court | GWINNETT Magistrate Court |
| Box 1 Plaintiff | PEACHTREE HOLDINGS, LLC, 1234 Spring St NW, Atlanta, GA 30309 |
| Box 2 Defendant | DANIELA SANTOS, JORGE SANTOS and all other occupants |
| Box 3 Premises | 3055 Sugarloaf Pkwy, Unit 214, Lawrenceville, GA 30045, Gwinnett County |
| Box 4 Tenancy | Tenant under a written lease dated 01/15/2025 |
| Box 5 Grounds | Violation of lease ¶ 14 (unauthorized pet — large dog) and ¶ 22 (property damage) |
| Box 6 Demand | Email demand on May 1, 2026, per lease ¶ 30 electronic notice clause |
| Box 7 Amount Due | $0 (possession + damages reserved) |
| Box 8 Per Diem | $60.00 |
| Box 9 Signature | Carlos Mendoza, as agent for Peachtree Holdings, LLC |
How to File the Completed Form
Georgia magistrate courts accept dispossessory filings four ways, and you should pick the channel that matches your county and your timeline.
In person at the magistrate clerk. Walk into the clerk’s office during business hours with the signed (but not yet sworn) affidavit, your photo ID, and the filing fee. The clerk will administer the oath, stamp the form, and assign a case number. Fulton’s clerk sits at the Fulton County Justice Center Tower, DeKalb’s clerk sits at the DeKalb Courthouse, Gwinnett’s at the Gwinnett Justice and Administration Center, and Cobb’s at the Cobb Magistrate Court. Pay by cash, certified check, money order, or credit card (a small processing fee applies).
E-filing through PeachCourt. Most metro counties use PeachCourt for electronic dispossessory filings. Upload the signed PDF, pay the fee plus a small e-filing surcharge (around $7), and the system routes the filing to the clerk. Expected processing time is one to two business days. Save the PeachCourt confirmation as your proof of filing.
E-filing through Odyssey eFileGA. Some counties have migrated to Tyler Odyssey eFileGA. The process mirrors PeachCourt. You will need a notarized PDF because you cannot swear the oath through Odyssey itself.
By mail. Send the original sworn affidavit, a check or money order for the fee, and a self-addressed stamped envelope to the magistrate clerk in the county where the property sits. Mail filing takes 5–10 business days and is the slowest option. Keep your USPS tracking number as proof of filing.
Filing fees as of 2026: Fulton $83, DeKalb $75, Gwinnett $78, Cobb $70, with smaller counties charging $60–$70. Service fees for the sheriff or marshal add another $25–$50 per defendant.
What Happens After You File
Once the clerk stamps the affidavit, the sheriff or marshal serves the tenant within a few days. Service can be personal, by leaving the papers with someone over 16 at the unit, or by tack and mail (posting on the door and mailing a copy) under O.C.G.A. § 44-7-51.
The tenant has 7 days from service to file a written answer. If the tenant does not answer, the clerk enters a default and the judge issues a writ of possession. If the tenant answers, the court sets a hearing, usually within 1–3 weeks. Tack-and-mail service only allows possession, not money damages, unless the tenant later appears.
After a writ of possession issues, the tenant has 7 days before the marshal can execute it under O.C.G.A. § 44-7-55. The marshal then schedules a removal date, supervises the set-out, and returns the unit to the landlord.
A landlord who skips the court process and locks the tenant out faces civil and sometimes criminal liability for wrongful eviction, including treble damages, as cataloged by Georgia Legal Aid. Never change locks, cut power, or remove belongings without a marshal-executed writ.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Venue lies only where the property sits, so a wrong county means dismissal.
- Skipping the demand for possession. Without a demand, the judge will dismiss under O.C.G.A. § 44-7-50.
- Using a d/b/a name as plaintiff. The case is dismissed because a trade name cannot sue.
- Forgetting the and all other occupants phrase. Roommates remain protected and the writ cannot reach them.
- Vague property address. The marshal returns the writ unexecuted.
- Wrong tenancy box. Checking written lease on an expired lease invites mid-hearing dismissal.
- Blank lease-violation description. The breach claim fails on its face.
- Signing the affidavit at home. The clerk rejects the filing for lack of oath.
- Counting damages as rent. The judge strikes inflated amounts and limits the writ.
- Letting a non-attorney sign for an LLC. This is the unauthorized practice of law and voids the filing.
Do’s and Don’ts
- Do type the affidavit so the marshal can read every line.
- Do keep certified-mail receipts and photos of any door-posted demand.
- Do check both nonpayment and holdover if both apply, to protect alternate grounds.
- Do itemize rent, late fees, and per-diem to the penny.
- Do bring the lease, ledger, and demand to the hearing.
- Do confirm the form revision date matches the current uniform version.
- Don’t lock the tenant out, even after they stop paying.
- Don’t shut off utilities to force a move-out.
- Don’t accept partial rent after filing without a written non-waiver agreement.
- Don’t rely on text messages alone as proof of demand unless the lease allows electronic notice.
- Don’t let a property manager sign as plaintiff.
- Don’t miss the 7-day tenant answer window when calculating your hearing date.
Pros and Cons of Filing on Your Own vs. With Help
| Pro Se Filing | With an Eviction Attorney |
|---|---|
| Saves $300–$800 in attorney fees | Reduces dismissal risk on technicalities |
| You learn the local clerk’s preferences | Attorney handles service problems and continuances |
| Faster for simple nonpayment cases | Essential for LLC plaintiffs in contested cases |
| You control timing and strategy | Attorney can argue jury-trial demands |
| Works well for repeat landlords with clean leases | Crucial when tenant is represented by legal aid |
| Paper Filing | E-Filing (PeachCourt/Odyssey) |
|---|---|
| No e-filing surcharge | 1–2 day processing vs. same-day window |
| Clerk catches errors face-to-face | Available 24/7 from anywhere |
| Cash payment accepted | Credit card and ACH only |
| Better for complex attachments | Auto-confirmation email as proof of filing |
| Some rural counties still require it | Required in some metro courts |
FAQs
Do I have to give a demand for possession before filing?
Yes. Georgia requires a demand for possession under O.C.G.A. § 44-7-50 before any dispossessory affidavit is filed. Skipping it leads to immediate dismissal.
Can I file the warrant in the county where I live instead of where the property is?
No. Venue lies only in the county where the rental property sits. Filing elsewhere is dismissed for improper venue.
Do I write the tenant’s nickname or legal name in Box 2?
Yes — write both. List the legal name first, then the nickname in quotes, then and all other occupants to cover everyone in the unit.
Can a property manager sign the affidavit for the owner?
Yes, but only as agent for the owner. The owner is still the plaintiff, and the manager must have a written management agreement to show the court.
Do I include damages like carpet stains in Box 7?
No. Only past-due rent and lease-authorized fees belong in Box 7. Property damage is a separate civil claim and gets stricken if included here.
Can I check both nonpayment and holdover on Box 5?
Yes. You may check multiple grounds and pursue any that the facts support. Belt-and-suspenders pleading protects you if one ground fails.
Does my LLC need a lawyer to file?
Yes, in contested hearings. Georgia treats LLC court representation as the practice of law, so a non-attorney member usually cannot argue the case, though they can sign the affidavit as a member.
Can I e-file a dispossessory warrant in every Georgia county?
No. Most metro counties use PeachCourt, but many rural counties still require paper filing. Always check your county clerk’s website first.
Do I need to attach the lease to the affidavit?
No, it is not required at filing, but yes, you must bring it to the hearing. Without the lease, the judge cannot enforce its terms.
What if the tenant pays the full amount after I file?
Yes, the tenant may “pay and stay” once every 12 months under O.C.G.A. § 44-7-52 by paying all rent, late fees, and court costs within 7 days of being served.
Do I write the per-diem in Box 8 if I only want possession?
Yes. Always fill Box 8. Per-diem rent accrues from the filing date and is included in the writ even when you waive a money judgment.
Can I evict a Section 8 tenant using this same form?
Yes, but you must follow the HUD tenancy addendum notice rules and copy the housing authority. Skipping HUD notice voids the eviction.
Do I need a notary if I file at the clerk’s office?
No. The magistrate clerk administers the oath at the counter for free. You only need a separate notary for mailed or e-filed affidavits.
How long does the whole eviction take after filing?
No fixed timeline, but most uncontested Georgia dispossessory cases run 2–4 weeks from filing to writ execution, while contested cases stretch to 6–10 weeks depending on the county docket.
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- How to Fill Out Georgia Petition for Letters of Administration + FAQs
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- How to Fill Out Georgia Statement of Claim (Magistrate Court) + FAQs
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