Dispossessory Affidavit and Summons
(Eviction) (GA)

This dispossessory affidavit may be used by a plaintiff/landlord in Georgia to initiate a dispossessory proceeding against a defendant/tenant. This template contains practical guidance and drafting notes. This template may be used in a dispossessory action involving commercial or residential real property. Before bringing a dispossessory proceeding, the plaintiff must demand possession of the premises from the defendant. O.C.G.A. § 44-7-50. If the defendant does not deliver possession following the demand, the plaintiff (or its agent, attorney at law, or attorney-in-fact) may immediately go before the judge of the superior court, the judge or clerk of the appropriate court, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. O.C.G.A. § 44-7-50(a). When the affidavit is made, the judge or clerk will grant and issue a summons to the applicable law enforcement officer and the officer will serve a copy on the defendant. O.C.G.A. § 44-7-51(a). The summons must be served in person or, if that isn't possible, by posting on the door of the residence and mailing to the tenant's last known residence ("tack and mail" or "nail and mail"). O.C.G.A. § 44-7-51(a). The summons must command and require the tenant to answer either orally or in writing within seven days from the date of the actual service, and the last possible date to answer must be stated on the summons. O.C.G.A. § 44-7-51(b). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. Note that while in some counties, the document issued by the clerk is referred to as an "affidavit" in others it is referred to as a "warrant." See Dispossessory Affidavit and Summons (Eviction) (GA), For further guidance see Commercial and Residential Eviction (GA).