Georgia Sample Dispossessory Warrant and Affidavit
This is a sample document provided as a reference for the landlord.
Who: This handy document provides the landlord with examples and information regarding a Dispossessory Warrant and Affidavit. The sheriff will serve the summons on the tenant. Once the tenant responds (or fails to respond), the case will move forward.
What: This is a sample document that may be used as a reference point for landlords. The Dispossessory Warrant and Affidavit requires that you (the landlord) go before the judge and swear an oath to begin the eviction process.
You must provide the court with information about the infraction in question, including:
- Failure to pay rent.
- Tenant is in arrears/debt to the landlord by $X.
- Tenant is occupying the property after the expiration of a lease, with no new lease in force.
- Tenant is ‘holding the building and premises at will or sufferance’ (squatting) and that you (the landlord) has demanded they move but the tenant has refused.
When: Preview this document before an eviction. It will provide you with a better understanding of what’s required of your tenant and what will happen if they do or don’t respond. The Dispossessory Warrant and Affidavit set out the specific date that the tenant must appear in court (within 7 days from the date of being served, unless that is a Saturday, Sunday or legal holiday, in which case it would be the next business day).
Please Note: The landlord, landlord’s agent, or attorney must go to the appropriate magistrate court, file a Dispossessory Affidavit under oath, and pay any necessary fees.
How to Serve: The sheriff will need to serve the Dispossessory Warrant and Affidavit on your tenant. It can be done in any of the following ways:
- (Recommended) Hand deliver it to the tenant at home.
- If the tenant isn’t home, but another adult is (who understands the importance of the summons), it can be left with him or her.
- It can be tacked to the front door and mailed to the home address. Mailing should occur on the same day as serving the summons (only used when there is no one home).
Tips and Tricks for Landlords: If there was no one home and the summons was tacked to the door and mailed to the address, the court can order the tenant to move but may or may not order rent or other damages paid to the landlord.