Filing a dispossessory in Georgia is a legal process with specific requirements at every step. A mistake early in the process can result in a dismissed case, a delayed hearing, or a ruling against you — even when the facts are clearly on your side.
Here are the most common mistakes Georgia landlords make when filing a dispossessory, and what to do instead.
Mistake 1: Skipping or Improperly Serving the Demand for Possession
Before you can file a dispossessory, you must serve the tenant with a written demand for possession. This is not optional — it's a required step under Georgia law.
The demand must be properly served. Simply texting or emailing the tenant is generally not sufficient. Acceptable methods typically include:
- Personal delivery to the tenant
- Leaving a copy with a person of suitable age at the residence
- Posting on the door of the premises
Mistake 2: Filing in the Wrong Court
Dispossessory cases in Georgia are filed in the Magistrate Court of the county where the property is located — not where you live, and not where the tenant lives.
If you own properties in multiple counties, each property must be filed in its respective county court. Filing in the wrong court will result in dismissal.
Mistake 3: Incorrect or Incomplete Affidavit
The dispossessory affidavit is the core document of your case. It must accurately state:
- The grounds for eviction (nonpayment, holdover, lease violation, etc.)
- The amount of rent owed, if applicable
- The correct legal description of the property
- The correct names of all tenants
Mistake 4: Not Having Documentation Ready
If the tenant files an answer and the case goes to a hearing, you need to be prepared with documentation. Landlords who show up to hearings without their lease agreement, payment records, or proof of notice often lose — even when they're in the right.
Before you file, gather:
- A copy of the signed lease agreement
- Rent payment records showing the amount owed
- Documentation of any lease violations (photos, written complaints, police reports)
- Proof that the demand for possession was served
Mistake 5: Accepting Partial Payment After Filing
This is a common trap. If a tenant offers partial payment after you've filed the dispossessory, accepting it can complicate your case — and in some situations, it can be interpreted as waiving your right to evict for the current nonpayment.
Consult with an attorney before accepting any payment from a tenant after you've initiated the eviction process.
Mistake 6: Not Showing Up for the Set-Out
Once the court issues a writ of possession and the Marshal or Sheriff schedules the set-out, you (or your representative) must be present. If no one shows up, the set-out is typically cancelled and must be rescheduled — adding more time and cost to the process.
Mistake 7: Trying to Handle It Alone
Georgia's dispossessory process has enough moving parts that mistakes are easy to make — especially if you're managing multiple properties or dealing with a tenant who knows how to use the system.
Working with an experienced eviction service means every notice is properly drafted and served, every filing is accurate and timely, and every step is handled correctly the first time.
W.D.S. Eviction Service handles the full dispossessory process across 28 Georgia counties. We've seen every variation of the process — and every mistake that can slow it down.
Get a free consultation and let us handle your next eviction
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