Understanding Landlord Affidavits for Possession: A Legal Guide for Landlords

Understanding Landlord Affidavits for Possession: A Legal Guide for Landlords

Nemat Law Firm

April 17, 2024

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When a tenant fails to deliver possession of a rental property following the landlord’s demands, landlords in Georgia have the option to make an affidavit before a judge. Here’s what you need to know about this process:

Submitting an Affidavit: The landlord can appear before a judge and submit an affidavit under oath. This affidavit must include specific details about the property and the tenant’s failure to vacate despite demands.
Contents of the Affidavit: The affidavit typically requests both a possession judgment, allowing the landlord to regain control of the property, and a money judgment, entitling the landlord to a specific amount of money for damages or unpaid rent.
Issuance of Summons: Once the affidavit is composed and submitted, the judge will issue a summons to law enforcement. The summons instructs law enforcement to serve the affidavit to the tenant, notifying them of the landlord’s claims and the impending legal action.
Methods of Service: The tenant can be served with the affidavit in various ways, including in person, posting on the door of the residence, or by mail. Law enforcement ensures that the tenant receives proper notification of the landlord’s claims and the upcoming legal proceedings.

It’s important for landlords to follow legal procedures carefully when making affidavits for possession, as failure to do so could result in delays or complications in the eviction process.

Legal Disclaimer: This article is provided for educational purposes only and does not constitute legal advice. Landlords and tenants should seek professional legal assistance for specific legal questions and concerns regarding eviction proceedings and other legal matters.

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