What is Landlord-Tenant (LL-T) Dispossessory Law?
A dispossessory action is a term sometimes used to refer to eviction proceedings brought by a landlord against a tenant. A writ of possession is issued to evict an occupant from real property.
For filing, please go to the DeKalb County Courthouse and proceed to the Clerks’ Office, Room 200 to obtain the dispossessory warrant form. You can view a sample of the form here. You will need to bring the tenant’s name(s), address, and the reason for eviction. In addition, if you are making a demand for money, the exact amounts must be listed. You need to have the defendant’s complete name and address and the property needs to be clearly marked. You do not need to produce a written lease or other agreement in order to file a dispossessory warrant. Please remember that you will need to have the tenant’s complete name and address and the property needs to be clearly written on the form.
Please keep in mind that the Plaintiff(s) (or their agent or attorney) must sign the dispossessory warrant form in front of a Deputy Clerk in the Clerk’s Office or a notary public.
Pursuant to O.C.G.A § 44-7-55, applications for writ of possession shall be made within 30 days of the issuance of the writ of possession unless such application for said writ is accompanied by an affidavit showing good cause for the delay in applying for the execution of the writ.
*If inactive for over 90 days, dispossessory cases will be administratively closed*
Pro Se Filers
Please note the following Uniform Rule 31 of the Magistrate Court: Any full-time officer or employee of a corporation, sole proprietorship, partnership or unincorporated association may be designated by such entity as agent for purposes of representing it in civil actions to which it is a party in Magistrate Court. An action on behalf of a corporation, sole proprietorship, partnership or unincorporated association, except affidavits in attachment, may be filed and presented by such designated agent. You can print the designation form for your use.
For information on the Centers of Disease Control and Prevention’s Eviction Moratorium, please see FAQs on CDC’s Eviction Moratorium
Rental Assistance Programs/Tenant Landlord Assistance Coalition
The deadline for applying for rental assistance is Monday, November 21, 2022 at 5pm.