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The Magistrate Court has jurisdiction to oversee dispossessory proceedings. A dispossessory is in regards to eviction proceedings by a landlord against a tenant. Dispossessory proceedings only involve a landlord-tenant relationship. A writ of possession is issued to evict an occupant from the property of the landlord. The dispossessory complaint is filed under oath by the landlord, testifying to the unlawful possession of the landlord's property by a tenant. The relationship between the parties must be Landlord and Tenant. The Tenant must be either a Tenant holding over, Tenant at will, a Tenant at sufferance, one not paying rent as it becomes due, or otherwise breaching the conditions of the rental agreement. The Landlord must have made a demand for possession of the premises prior to commencement of the proceedings. Those who consider themselves "agents" of the landlord must comply with Rule 31.

Once a tenant has been served with the Dispossessory Warrant, the tenant has seven (7) days from the date of service to file an answer with our court. If the tenant does not file an answer an eviction may be requested on the eighth (8th) day. If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date. 

For more information, see O.C.G.A 44-7-1 thru 44-7-103.

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