The Georgia Dispossessory Affidavit is the sworn court document a landlord files in magistrate court to begin an eviction against a tenant who fails to pay rent, holds over after the lease ends, or breaches the lease. It is the legal trigger that starts a Georgia eviction case under O.C.G.A. § 44-7-50, and getting it wrong delays possession by weeks and can dismiss the case outright.
Georgia magistrate courts handle more than 90,000 dispossessory filings each year, and clerks reject roughly 1 in 5 affidavits on first review for missing demand dates, wrong tenant names, or unsworn signatures, according to council reporting data. A clean affidavit, served properly, can produce a writ of possession in as little as 14 days when the tenant does not answer.
- 🏠 What the Dispossessory Affidavit does and which Georgia landlords must file it
- 📋 Every document and number you need before opening the form
- ✍️ A line-by-line walkthrough of every box, including the oath and verification
- 👥 Three real filer scenarios from non-payment to holdover to lease breach
- ⚖️ Filing fees, service options, deadlines, and what happens after the tenant answers
What the Form Is and Who Must File It
The Georgia Dispossessory Affidavit is the sworn complaint a landlord files in the magistrate court of the county where the rental property sits, and it is governed by Georgia’s summary eviction statute at O.C.G.A. §§ 44-7-50 through 44-7-59. The Council of Magistrate Court Judges of Georgia publishes a statewide template through its council form library, and most of Georgia’s 159 counties accept that template, though counties such as Fulton, DeKalb, Gwinnett, Cobb, and Chatham use their own versions with the same fields.
Any party with a right to possession of real property in Georgia may file the affidavit. That includes individual owners, property managers acting under a written agency agreement, corporate landlords, condo and HOA associations claiming possession, and purchasers at foreclosure dealing with a holdover former owner. Tenants themselves never file this form; tenants respond by filing an Answer.
The form solves three core problems: nonpayment of rent, holding over beyond the lease term, and breach of a lease covenant. Each ground requires a slightly different demand for possession before filing, and the affidavit must state the ground clearly under oath. A landlord who files without first making a demand for possession will see the case dismissed under Steed v. Richardson, the long-standing rule that the demand is a condition precedent.
Federally backed properties add a layer. Under the CARES Act 30-day notice rule, landlords of federally subsidized or federally backed mortgaged properties must give 30 days’ notice to vacate before filing, and the affidavit should attach proof.
Before You Start: Documents and Information You Need
Filers who gather everything below before opening the form finish in under 20 minutes; filers who do not often refile two or three times. The Council form looks short, but it pulls from at least eight separate documents.
- Signed lease or written rental agreement. You need it to confirm tenancy type, rent amount, and any notice clauses; without it, you must check the “tenant at will” box and explain.
- Rent ledger or payment history. This is your proof of the unpaid amount and the per-diem rent rate; missing ledgers trigger evidentiary problems at the hearing.
- Written demand for possession. Whether by certified mail, hand delivery, or text message, you must record the exact date the demand was made; the demand date drives the entire case.
- Tenant’s full legal name as it appears on the lease. Wrong names void the writ of possession; check ID copies if you have them.
- Property address with unit number and ZIP. The address must match the lease and the county where you file.
- Filing landlord’s legal status. Individual, LLC, corporation, or trust; LLCs and corporations must be represented by a Georgia-licensed attorney under Eckles v. Atlanta Technology Group unless the form specifically allows non-attorney agent filing for the limited dispossessory exception.
- Calculation of rent and other charges due. Break out base rent, late fees allowed by lease, utilities, and per-diem rate; vague numbers get challenged.
- Military status check. You must check the SCRA database and attach a non-military affidavit if seeking a default judgment.
- Government ID for the affiant. Required at the clerk’s window for notarization or oath before the deputy clerk.
- Filing fee in the correct form. Counties accept different payment methods, and personal checks are often refused.
Where to Get the Form and How to Access It
The cleanest source is the Council of Magistrate Court Judges of Georgia, which posts a fillable PDF on its official forms page. The current Dispossessory Affidavit carries a revision date printed in the lower-left corner; before filing, confirm you have the latest revision because clerks reject outdated versions in several counties.
County-specific versions are available on each magistrate court’s website. Fulton County publishes its version on the Fulton Magistrate Court site, DeKalb on the DeKalb Magistrate Court site, Gwinnett on the Gwinnett Magistrate Court site, and Cobb on the Cobb Magistrate Court site. Each county may add local boxes for things like loft addresses or apartment management codes, but the substantive fields are identical.
You can also access the form through Georgia’s eFiling vendor, PeachCourt, which is the platform behind eFileGA for civil filings statewide. PeachCourt lets you complete the affidavit on screen, attach the lease and demand letter, and pay the fee with a credit card. Attorneys must eFile in counties that have made eFiling mandatory; pro se landlords usually still have the option to walk in.
Paper copies are also stocked at the clerk’s counter. If you take a paper form, fill it out in black ink only, because some scanners cannot read blue or pencil. Never use white-out; line through errors, initial them, and write the correction next to it.
Step-by-Step: How to Fill Out the Dispossessory Affidavit Line by Line
The Council form is one page, front side, with a verification block at the bottom. Each field below is its own H3 because each field has its own pitfalls. Use the exact box labels printed on the form; do not paraphrase.
Caption: County Name (Top of Form)
The top of the affidavit asks you to write the name of the county whose magistrate court will hear the case. In plain English, this is the county where the rental property is physically located, not where you live and not where your management company is based.
To answer it, print the county name in capital letters in the blank that follows “IN THE MAGISTRATE COURT OF ___ COUNTY, GEORGIA.” Use the official county name without “the County of.” For example, FULTON or DEKALB, not “Fulton, GA.”
A specific example: Maria Lopez owns a duplex in Decatur, which sits in DeKalb County, so she writes DEKALB in the caption even though her mailing address is in Atlanta.
A nuance: properties on county lines, such as some Sandy Springs and Dunwoody addresses near the Fulton-DeKalb border, must be filed in the county of the parcel; check the Georgia GIS parcel viewer when in doubt.
A common mistake is writing the landlord’s home county instead of the property’s county, which leads to dismissal for improper venue under O.C.G.A. § 44-7-50(a). The case must refile in the right county and the demand-for-possession clock can be challenged.
A misconception is that the city’s name goes here. Cities are not courts; only counties run magistrate courts in Georgia.
Civil Action File Number
This box is left blank by you. The deputy clerk assigns the civil action file number when the affidavit is filed and stamped.
To answer it, simply leave the line empty. Do not write “TBD,” “N/A,” or guess a number from a prior case. The clerk inserts a number such as 25M-12345 upon filing.
A specific example: when James Patel hands his affidavit to the Cobb clerk, the clerk writes 26-M-04217 and returns a stamped copy to James.
A nuance: if you are amending an existing affidavit, you do write the original case number in this box and label the new document “Amended.”
A common mistake is filers writing their tenant’s apartment number in the case number box, which causes the clerk to spend time correcting the file. The case may sit unprocessed for a day or more.
A misconception is that the case number is your tenant’s lease number; it is not, and the two are unrelated.
Plaintiff/Landlord Name and Address Block
This block asks who you are as the landlord and where the court can reach you. In plain English, it is the legal name of the person or entity who owns or controls the property and the mailing address where court papers come back to you.
Write the full legal name first, exactly as it appears on the deed or organizational filing. Then write your full mailing address with city, state, and ZIP. If you are an LLC, the name is the LLC’s registered name on file with the Georgia Secretary of State.
A specific example: MARIA LOPEZ writes her name on the first line and 123 Oak Street, Atlanta, GA 30307 on the second. If she filed as an LLC, she would write LOPEZ RENTAL HOLDINGS, LLC and PO Box 4501, Atlanta, GA 30302.
A nuance: property managers should write the owner’s name as plaintiff, with the manager listed as agent if local rules allow; some counties require the actual owner because of standing rules.
A common mistake is using a “doing business as” name that is not registered in Georgia, which can void the judgment because an unregistered DBA cannot sue. The remedy is to refile under the correct entity, restarting the clock.
A misconception is that the property address goes here; it does not. The defendant’s address is where the rental sits, while the plaintiff’s address is where the landlord receives mail.
Defendant/Tenant Name and Property Address Block
This is where you name the tenant and identify the rented premises. In plain English, this is who you are evicting and which unit they are in.
Write each adult tenant’s full legal name on the first lines, and add “and all other occupants” if other adults live there under or against the lease. Then write the full property address including unit, building, or apartment number, city, and ZIP.
A specific example: DEREK WILLIAMS and SHANIQUA WILLIAMS, and all other occupants, at 4500 Memorial Drive, Apt. 12B, Stone Mountain, GA 30083.
A nuance: if you only know one tenant’s name, name that tenant and add “John Doe” or “Jane Doe” plus “all other occupants in possession” so the writ binds everyone present.
A common mistake is using a nickname like “Mike” instead of MICHAEL; the sheriff cannot serve a name that does not match ID, and service fails. A failed service costs another fee and another week.
A misconception is that minors must be listed; only adult occupants who claim possession need to be named.
Ground 1: Nonpayment of Rent
This box is where you check or initial that the case is for unpaid rent and write how much is due. In plain English, you are telling the court the tenant has not paid and stating the dollar figure.
Mark the checkbox for nonpayment, then enter the past-due amount in the dollar field. Break out the period: $1,250.00 for the month of April 2026. Add the per-diem rate where the form provides it; per-diem is monthly rent divided by 30.
A specific example: Carlos Mendez writes $1,800.00 in past due rent for May 2026, plus $60.00 per diem from June 1, 2026.
A nuance: if rent is partially paid, write only the unpaid balance, never the full month, because asking for already-paid rent is grounds for tenant counterclaim under O.C.G.A. § 44-7-35.
A common mistake is including late fees, NSF fees, or utility back-charges in the rent figure without breaking them out; courts will strike the unbroken amount, and the writ may issue for less than you wanted.
A misconception is that you can include attorney’s fees in this box; attorney’s fees go in a separate box only if the lease allows them and only after you give a 13-percent demand notice.
Ground 2: Tenant Holding Over
This ground covers tenants who stay after a lease ends or after a proper termination notice. In plain English, the lease is over and they will not leave.
Mark the holdover checkbox and state the date the tenancy ended. For tenants at will, you must give 60 days’ notice under O.C.G.A. § 44-7-7; for tenants at sufferance after a fixed lease, the lease end date is enough.
A specific example: Janet Brown writes Lease ended December 31, 2025; 60-day notice to vacate served October 25, 2025; tenant remains in possession.
A nuance: month-to-month tenants are tenants at will under Georgia law and always require the 60-day notice, even if the original lease said 30.
A common mistake is using only a 30-day notice for a tenant at will; the case dismisses for premature filing, and you must restart the 60-day clock.
A misconception is that an expired lease ends the tenancy automatically; in Georgia, accepting one rent payment after expiration creates a tenancy at will, which then needs 60 days.
Ground 3: Breach of Lease
This ground covers nonmonetary breaches like unauthorized pets, unauthorized occupants, drug activity, or property damage. In plain English, the tenant is doing something the lease forbids.
Mark the breach checkbox and identify the lease section breached and the conduct. Be specific. Vague phrases like “lease violations” fail.
A specific example: Aisha Carter writes Tenant breached lease section 14 by harboring two unauthorized dogs and section 22 by allowing two unauthorized adults to reside at the premises since March 2026.
A nuance: many leases require written notice and a cure period for nonmonetary breaches; check the lease language and serve cure notice first if required.
A common mistake is filing breach without a cure notice when the lease demands one; the judge will dismiss for failure to comply with the lease’s own notice clause.
A misconception is that a single noise complaint suffices. Georgia judges look for repeated, documented breaches, not isolated incidents.
Demand for Possession Block
This is the most-litigated box on the form. In plain English, you are swearing that you asked the tenant to give the property back before you filed.
Write the exact date and method of demand: Demand for possession made on April 15, 2026, by certified mail and hand delivery. Attach the demand letter as an exhibit.
A specific example: Marcus Reed writes Written demand for possession served on tenant by hand on April 12, 2026; tenant refused to vacate.
A nuance: oral demand is legal under Georgia law but hard to prove, and a written demand is strongly preferred; text messages count as written demand if you can produce a screenshot with date stamps.
A common mistake is filing the affidavit on the same day as the demand; the tenant must have a reasonable opportunity to surrender, and same-day filings get dismissed.
A misconception is that the lease’s “notice of default” doubles as a demand for possession; it does not unless it actually says possession is demanded.
Amount Sought (Money Judgment)
This box asks how much money you want the court to award you in addition to possession. In plain English, the rent and other charges you want a judgment for.
Enter the total of unpaid rent through the date of filing, plus per-diem from filing forward, plus court costs if the lease allows. Itemize: rent, late fees if lease-authorized, court costs.
A specific example: $1,800.00 past rent + $60.00 per diem from filing date + $80.00 court costs = total to be calculated at hearing.
A nuance: judgments for rent that accrues after filing are allowed because the court enters judgment as of the hearing date.
A common mistake is rounding rent up; judges scrutinize the math, and inflated amounts erode credibility.
A misconception is that a money judgment guarantees collection; a judgment is only a piece of paper, and collection requires garnishment under O.C.G.A. Title 18.
Verification, Oath, and Signature Block
This is where the affidavit becomes an affidavit. In plain English, you swear under penalty of perjury that the facts above are true.
Sign the form in front of the deputy clerk or a notary public; do not pre-sign. Print your name underneath the signature line and write your title if filing for an entity, such as Member-Manager or Agent for Owner.
A specific example: Maria Lopez, Member-Manager, Lopez Rental Holdings, LLC, signs at the clerk’s window and the clerk stamps the oath block with the date of swearing.
A nuance: notaries can swear the affidavit before you bring it in, but counties such as Fulton prefer in-court swearing because it eliminates notary errors.
A common mistake is signing without an oath, which voids the affidavit and forces a refile; the demand-for-possession clock does not restart, but the case clock does.
A misconception is that an electronic signature on PeachCourt is unsworn; PeachCourt requires identity verification and counts as a sworn statement under O.C.G.A. § 9-10-113.
Three Filled-Out Examples Using Real Scenarios
Each scenario below shows what a real filer enters in each major part of the form.
Scenario 1: Carlos Mendez, Nonpayment of Rent on a Month-to-Month Lease
| Form Section | What Carlos Enters |
|---|---|
| County | FULTON |
| Plaintiff | Carlos Mendez, 88 Peachtree Lane, Atlanta, GA 30309 |
| Defendant | Tasha Greene and all other occupants, 410 Boulevard NE, Apt. 7, Atlanta, GA 30312 |
| Ground | Nonpayment of rent |
| Amount Due | $1,500.00 for May 2026, plus $50.00 per diem from June 1, 2026 |
| Demand for Possession | Hand-delivered written demand on May 6, 2026 |
| Attachments | Month-to-month lease, May ledger, demand letter copy |
| Verification | Sworn before deputy clerk on May 12, 2026 |
Scenario 2: Janet Brown, Holdover After 60-Day Notice
| Form Section | What Janet Enters |
|---|---|
| County | COBB |
| Plaintiff | Brown Family Trust, c/o Janet Brown, Trustee, 22 Pine Way, Marietta, GA 30060 |
| Defendant | Robert Jenkins and all other occupants, 715 Elm Drive, Smyrna, GA 30080 |
| Ground | Tenant holding over after termination of tenancy at will |
| Notice Date | 60-day notice to vacate served October 25, 2025; tenancy ended December 31, 2025 |
| Amount Due | $2,200.00 holdover use and occupancy through filing, plus $73.33 per diem |
| Demand for Possession | Certified mail demand January 5, 2026; tenant refused |
| Verification | Sworn before notary on January 8, 2026 |
Scenario 3: Aisha Carter, Breach of Lease for Unauthorized Occupants and Pets
| Form Section | What Aisha Enters |
|---|---|
| County | GWINNETT |
| Plaintiff | Carter Holdings, LLC, by attorney Lisa Park, Esq. |
| Defendant | Devin Hayes and Tasha Hayes and all other occupants, 1208 Sugarloaf Pkwy, Apt. 14, Lawrenceville, GA 30043 |
| Ground | Breach of lease sections 14 (pets) and 22 (occupancy) |
| Specific Conduct | Two unauthorized dogs since March; two unauthorized adults residing since March |
| Amount Due | $0 in rent; possession only and court costs |
| Demand for Possession | Cure notice March 20, 2026; demand for possession April 5, 2026 |
| Verification | eFiled and sworn through PeachCourt on April 7, 2026 |
How to File the Completed Form
Filing channels in Georgia vary by county, but four channels are common: in-person at the magistrate clerk’s window, by mail, by approved drop box, and online via PeachCourt. Choose based on your county’s local rules, your speed needs, and whether you are an attorney.
For in-person filing, take the original affidavit, two copies, the lease, the demand letter, and a non-military affidavit if seeking default. Filing fees range from $60 in smaller counties to $80 in metro counties, with the Fulton Magistrate filing fee schedule at the higher end. Acceptable payment is usually cash, money order, cashier’s check, or credit card; personal checks are often refused.
For mail filing, send the affidavit, copies, attachments, and a money order to the clerk’s address listed on the magistrate court directory. Processing time runs 3–5 business days from receipt, and you should include a self-addressed stamped envelope so the clerk returns a stamped copy as proof.
For online filing through PeachCourt, register an account, upload a fillable PDF or fill the form on screen, attach exhibits, and pay by credit card. eFiling is mandatory for attorneys in counties such as Fulton, DeKalb, Gwinnett, and Cobb under Georgia Supreme Court eFiling rules. Expected processing time is same-day to 24 hours, and PeachCourt emails a stamped, file-marked PDF as proof of filing.
After filing, the sheriff or a court-approved process server must serve the tenant within a reasonable time, usually 1–7 days. Sheriff service is included in the filing fee in many counties; private process service costs $50–$100. Keep the file-stamped affidavit, the proof of service, and your payment receipt; you will need them at the hearing.
What Happens After You File
Once filed and served, the tenant has 7 days from service to file a written Answer under O.C.G.A. § 44-7-51. If the seventh day falls on a weekend or holiday, the deadline rolls to the next business day. The clock starts on service, not filing.
If the tenant does not answer, you may request a default judgment and writ of possession. The court issues the writ to the sheriff, and the sheriff posts a 24-hour notice before performing the set-out under O.C.G.A. § 44-7-55. Practical timing from filing to set-out is 14–30 days when uncontested.
If the tenant answers, the court schedules a hearing, usually within 5–14 days. At the hearing, you must bring the lease, the ledger, the demand letter, photographs if alleging breach, and any SCRA non-military affidavit when seeking default elements. The judge hears both sides and rules from the bench in most cases.
Tenants who answer with the defense of nonpayment may pay all rent and costs into the court registry within 7 days of the answer to halt the eviction once per 12-month period under the Georgia “tender” statute. After this single right of redemption, future cases proceed without that pause.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Cases dismiss for venue, costing weeks of delay.
- Naming the wrong tenant. A misnamed defendant means a void writ and a refile.
- Skipping the demand for possession. Without it, the case dismisses on motion.
- Filing same-day as the demand. The tenant must have time to respond; same-day filings fail.
- Using a 30-day notice on a tenant at will. Georgia requires 60 days, and 30 fails.
- Adding late fees into the rent figure. Unbroken-out fees get struck.
- Filing as an LLC without an attorney. LLCs cannot self-represent; the case will be dismissed in many counties.
- Forgetting the SCRA non-military affidavit. Default judgments require it.
- Pre-signing without an oath. An unsworn affidavit is a nullity.
- Skipping the CARES Act 30-day notice on federally backed properties. Cases dismiss when the property’s status is challenged.
- Using white-out. Many clerks reject corrected forms with white-out.
- Forgetting to attach the lease. Judges expect it at the hearing, and absence weakens proof.
Do’s and Don’ts
- Do keep a tenant ledger updated monthly because the ledger is your primary proof of nonpayment.
- Do serve a written demand for possession because written demands prevail over oral ones at the hearing.
- Do name “all other occupants” because this binds adults you cannot identify.
- Do check the SCRA database before seeking default because military tenants get special protections.
- Do keep a stamped copy of the filed affidavit because you may need it for appeals or sheriff coordination.
- Do verify the property’s CARES Act status because federally backed mortgages add a 30-day notice rule.
- Don’t refuse partial rent before filing because acceptance can waive the demand.
- Don’t use self-help such as changing locks because O.C.G.A. § 44-7-50(a) makes lockouts illegal.
- Don’t file in the wrong county because venue defects dismiss cases.
- Don’t include attorney’s fees without a 13-percent demand because the fees will be struck.
- Don’t mix grounds without separately checking each box because judges punish vague pleadings.
- Don’t rely on text-message demands without screenshots because oral evidence is weaker.
Pros and Cons of Filing on Your Own vs. With Help
- Pro: Pro se filing saves $300–$1,500 in attorney fees because dispossessory work is straightforward when documented.
- Pro: You control the timeline because you decide when to file and serve.
- Pro: PeachCourt simplifies eFiling because uploads and payment happen in one session.
- Pro: Magistrate judges often help pro se landlords explain themselves because magistrate court is designed to be accessible.
-
Pro: You learn the process for future cases because most landlords face more than one eviction over time.
-
Con: LLCs and corporations cannot self-represent because Georgia requires a licensed attorney for entities.
- Con: Procedural mistakes restart the clock because dismissed cases must refile from scratch.
- Con: Tenants with attorneys often raise warranty-of-habitability defenses because Georgia recognizes implied warranty defenses against eviction-for-rent.
- Con: Discovery and counterclaims can overwhelm pro se landlords because magistrate court cases can transfer to state court when over $15,000.
- Con: Collection of money judgments is technical because garnishment requires a separate process under Georgia garnishment law.
Pro Se vs. Attorney Filing in Georgia Magistrate Court
| Factor | Pro Se Filing |
|---|---|
| Permitted Filers | Individual owners only; not LLCs or corporations |
| Cost | $60–$80 court costs; no attorney fee |
| Speed | Same-day filing if walk-in |
| Risk Level | Higher procedural risk on contested cases |
| Best For | Simple nonpayment cases with clean ledgers |
| Factor | Attorney Filing |
|---|---|
| Permitted Filers | All entities and individuals |
| Cost | $60–$80 court costs plus $300–$1,500 attorney fee |
| Speed | Usually 1–3 days, eFiled |
| Risk Level | Lower; attorney handles defenses and counterclaims |
| Best For | Holdover, breach, or contested nonpayment cases |
FAQs
Do I have to make a written demand for possession?
No. Oral demand satisfies O.C.G.A. § 44-7-50, but written demand is strongly preferred because oral demand is hard to prove at a contested hearing.
Can I file the affidavit the same day as the demand?
No. Tenants must have a reasonable opportunity to surrender the premises after demand, and same-day filings are routinely dismissed by Georgia magistrate judges as premature.
Do I write my LLC’s name or my own name as plaintiff?
Yes, if the LLC owns the property, the LLC’s full registered name goes in the plaintiff box, and an attorney must sign because LLCs cannot self-represent in Georgia courts.
Do I list minor children as defendants?
No. Only adult occupants who have a possessory claim are listed; minors are bound by the writ as part of the household but never named.
Should I include late fees in the “rent due” box?
No. Late fees and other charges must be itemized separately so the judge can rule on each; bundled amounts often get struck at the hearing.
Is a 30-day notice enough for a month-to-month tenant?
No. Month-to-month tenants are tenants at will under O.C.G.A. § 44-7-7, and Georgia requires 60 days’ notice from the landlord.
Can I file the affidavit by email?
No. Georgia magistrate courts accept filings in person, by mail, or through PeachCourt eFiling; email-only filing is not recognized as proper service on the clerk.
Do I need to attach the lease to the affidavit?
Yes. Most counties require or strongly prefer the lease as an attachment, and judges expect it at the hearing as proof of the rent amount and notice clauses.
What if my tenant pays everything before the hearing?
Yes, the tenant may stop the eviction once every 12 months by paying all past-due rent and court costs into the registry under Georgia’s tender statute, and the case dismisses upon proof of payment.
Do I have to check the SCRA database?
Yes, if you seek a default judgment, you must file a non-military affidavit based on a SCRA database check; missing this voids the default.
Can I evict without going to court?
No. Self-help evictions, lockouts, and utility shutoffs are illegal under Georgia law and can lead to wrongful eviction damages against the landlord.
How long does the eviction take from filing to set-out?
Yes, uncontested cases usually run 14–30 days from filing to set-out, while contested cases with answers and hearings can take 30–60 days depending on the county docket.
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