When a tenant files a written answer contesting your dispossessory, the case moves from a straightforward default to a contested hearing. This is where many landlords feel unprepared — and where proper documentation and process make all the difference.
What Is a Tenant's Answer?
After being served with the dispossessory summons, the tenant has 7 calendar days to file a written answer with the Magistrate Court. The answer is the tenant's formal response to your dispossessory affidavit — it tells the court that the tenant disputes the eviction and wants a hearing.
The answer does not need to be detailed or legally sophisticated. A tenant can file a simple written statement saying they contest the eviction, and the court will schedule a hearing.
Common Tenant Defenses in Georgia
Tenants who file answers typically raise one or more of the following defenses:
Payment dispute — The tenant claims they paid rent and disputes the amount owed. This is the most common defense in nonpayment cases. The tenant may claim they paid in cash, that a payment was not credited, or that the amount in the affidavit is incorrect.
Habitability — The tenant claims the property was not in a habitable condition and that they withheld rent as a result. Georgia law requires landlords to maintain rental property in a habitable state. If the tenant can show the property had serious maintenance issues, this can be a viable defense.
Improper notice or service — The tenant claims the demand for possession was not properly served, or that the dispossessory affidavit contains errors. This is why proper documentation of notice service is critical.
Retaliation — The tenant claims the eviction is in retaliation for reporting housing code violations or exercising a legal right. Retaliation claims are harder to prove but do arise.
Lease terms — The tenant disputes the landlord's interpretation of the lease — for example, claiming a lease violation did not occur or that the landlord failed to follow a required cure period.
What Happens After the Answer Is Filed?
Once the tenant files an answer, the Magistrate Court schedules a hearing. Depending on the court's docket:
- High-volume courts (Fulton, DeKalb, Gwinnett) typically schedule hearings 2–3 weeks after the answer date
- Smaller counties may schedule sooner or have less predictable timelines
How to Prepare for the Hearing
Preparation is everything in a contested dispossessory. Gather and organize:
Lease agreement — A signed copy of the current lease. The court needs to see the terms you're enforcing.
Payment records — A complete ledger showing all rent due, all payments received, and the current balance owed. Bank statements, payment app records, or property management software exports all work.
Proof of notice service — Documentation showing the demand for possession was properly served: a copy of the notice, notes on date and method of service, and any mailing receipts.
Communication records — Text messages, emails, or written correspondence between you and the tenant that are relevant to the dispute.
Maintenance records (if habitability is raised) — Work orders, contractor invoices, and inspection reports showing you addressed maintenance issues.
Photos — If the eviction involves property damage or lease violations, dated photos are strong evidence.
The Hearing Itself
Dispossessory hearings in Georgia are typically brief — often 10–20 minutes. Both parties present their case to a Magistrate Court judge. The judge reviews the evidence and issues a ruling.
You do not need an attorney to appear at a Magistrate Court hearing, but you do need to be organized and prepared. The judge will ask questions and expects clear, documented answers.
If the judge rules in your favor, the court issues a writ of possession. If the tenant loses and does not vacate voluntarily, you proceed to the set-out.
W.D.S. Handles Contested Cases
W.D.S. Eviction Service coordinates answer and hearing scheduling for contested cases across all 28 counties we serve. We track the answer window, notify you when a hearing is scheduled, and help ensure your documentation is in order before you appear.
Call us at (404) 795-5069 to discuss your case.
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