While this publication may be helpful to both landlords and tenants, it should not be a substitute for professional legal advice. You may also want to review the Georgia Landlord-Tenant Handbook, provided by the State of Georgia Department of Community Affairs. For answers to any questions you may have, please contact Georgia Legal Aid. The Judges and staff of the Magistrate Court cannot provide legal advice. The Marshal's Department assumes no responsibility for the accuracy of the information provided by these websites.įulton County Tax Assessor Additional Resources Below are websites that may be used to confirm an address is in Fulton County. The Marshal's Department will not issue a refund of a service fee if the Marshal's Department determines the address for service is not in Fulton County. Plaintiff(s) must confirm the address for service is in Fulton County. Landlord-Tenant (Dispossessory) AffidavitĬonfirm the service address is in Fulton County.
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You must have Adobe Acrobat Reader or other pdf reader program in order to use these forms. Access the Magistrate Court Guide and file System online or use the forms provided.įorms are in pdf format. You may use the Magistrate Court Guide and File system to draft your Landlord-Tenant (Dispossessory) Affidavit or Answer. Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a new Landlord-Tenant (Dispossessory) Affidavit must be filed. If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date. If the tenant does not file an answer an eviction may be requested on the eighth (8th) day. Once a tenant has been served with the Landlord-Tenant (Dispossessory) Affidavit, the tenant has seven (7) days from the date of service to file an answer with our court. Those who consider themselves "agents" of the landlord must comply with Rule 31. The Landlord must have made a demand for possession of the premises prior to commencement of the proceedings. The Tenant must be either a Tenant holding over, Tenant at will, a Tenant at sufferance, one not paying rent as it becomes due, or otherwise breaching the conditions of the rental agreement. The relationship between the parties must be Landlord and Tenant. The dispossessory complaint is filed under oath by the owner (landlord), testifying to the unlawful possession of the owners property by a tenant. A writ of possession is issued to evict an occupant from the property. A dispossessory action refers to eviction proceedings brought by a landlord against a tenant. The Magistrate Court has jurisdiction to hear landlord-tenant disputes which includes dispossessory proceedings.
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