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Magistrate court has the jurisdiction to hear landlord-tenant cases including dispossessory actions. Dispossessory actions are for those seeking possession of property as well as those seeking possession of property and past due rent. The $15,000 jurisdictional limit for Magistrate Court does not apply to dispossessory actions. A landlord and tenant relationship, actual or implied, must exist before a dispossessory action may be filed. There are two basic types of tenancy, a tenant at will and a tenant at sufferance. A tenant at will has no particular termination time. A tenant at sufferance arises when a tenant comes into possession of the land lawfully but wrongfully remains without consent of the landlord. When a landlord-tenant relationship exists, and the landlord wishes to file a dispossessory action, he/she must make a demand for possession of his/her property prior to filing the action. Keep in mind you must be able to prove you made a demand for possession should the defendant raise that issue at trial. A landlord can legally remove a tenant and/or the tenant’s property from the rented premises once a writ of possession has been obtained from the presiding court and the writ of possession has been served on the premises by law enforcement. There are 3 common grounds for dispossessory actions: 1. Failure to pay rent which is now past due 2. Holding over the premises beyond the terms of the lease or rental agreement 3. Holding property over at sufferance After the dispossessory action is filed with the court, the clerk will issue a summons to be delivered along with the affidavit to the sheriff or court approved process server for service. The summons requires the tenant to file an answer with the court within seven days of the date of service, unless the seventh day falls on a Saturday, Sunday or legal holiday, at which time the tenant will have until the next business day to file an answer. The defendant does not have to be personally served a dispossessory action. If the tenant is personally served and the landlord is seeking past due rent then a monetary judgment may be issued along with a writ of possession. However, if the tenant is served by tack and mail service no monetary judgment shall issue unless the tenant files and answer with the court. A writ of possession may be issued when service is perfected by tack and mail. When filing a dispossessory for failure to pay rent, the actual rent must be past due and unpaid at the time of filing. Should the landlord accept any money from the tenant after the filing of the dispossessory action, such acceptance may stop his or her right to continue with said action. Should a tenant tender all monies claimed on the dispossessory (dispossessory for failure to pay rent only) to the landlord within seven days of service and it is the first time the landlord has filed a dispossessory action in the past 12 months, the landlord is required to accept the money and allow the tenant to stay. If a defendant files an answer with the court within seven days of the date of service, the court will schedule a hearing. At the hearing the Judge will make a ruling based on the ---PAGE BREAK--- evidence and either party may appeal the judgment if not satisfied. A notice of appeal must be filed within 7 days from the date of the judgment along with any applicable fees. Should the defendant choose not to file an answer, then on the eight day after service or anytime thereafter the landlord may request a writ of possession. Upon review of the case the Judge may issue an immediate writ of possession to be served on the property. Dispossessory actions are a creature of statute and are subject to strict construction. Then requirements of O.C.G.A. § 44-7-50 et seq. should be strictly adhered to in these actions. NOTICE This handout is only for the purpose of explaining the general process for dispossessory actions. It DOES NOT cover all possible options or all courses of action and IS NOT to be substituted for competent legal counsel. If you are unsure how to proceed or respond, you should consult an attorney. Some resources available for research on dispossessory actions are: Books • Landlord and Tenant Breach and Remedies book by William J. Dawkins • Questions Frequently Asked by Tenants and Landlord book by Georgia Landlord- Tenant Hotline • Official Code of Georgia Websites • Georgia Code www.lexis-nexis.com • Georgia Legal Services www.glsp.org • Department of Community Affairs www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/contents .html • Legal Aid http://legalaid-ga.org • NCourt www.ncourt.com