How can I evict someone from my property?

There are generally three grounds upon which a dispossessory may be filed:

1) The tenant fails to pay rent that is due.
2) The tenant is holding over beyond the term of the lease; or
3) The tenant is at sufferance following a foreclosure sale.

Where do I file the warrant and who will serve it?

A plaintiff/landlord must go to either the Dispossessory Office at the Justice Center Tower or the Magistrate Court office at one of the annex service centers to file the necessary forms. Forms are available at our downtown office, at the two annexes and also on this website. If forms are used off the website, the plaintiff/landlord must bring to file an original and three copies of each completed form. There is a filing fee involved and the amount depends on the number of tenants in the property. Once the warrant is filed, the Fulton County Marshal will attempt one of three types of service:

1) Tack and mail: Tack and mail: The Marshal will simply tack one copy to the door and send the other through the mail. This is the most common type of service.
2) Personal: The named defendant is served in person by the Marshal. This type of service is usually made only on request of the plaintiff/landlord at the time of filing.
3) Notorious: Someone of legal age, other than the named defendant, residing at the address accepts service of the warrant.

How do I challenge the claims made by my Landlord?

Once the warrant has been served, the defendant has seven (7) days to file an answer challenging the landlord's allegations. When the answer is filed, a court date is assigned and a trial notice is given to the tenant and a copy of the trial notice is mailed to the plaintiff. The court date will always be at least seven days from the date the answer is filed. At court, both sides have the chance to state their claims and defenses. Mediation services are provided for those cases that qualify.

How can I file a Lawsuit against my Landlord for repairs or money owed?

A tenant may sue a landlord, or file a counterclaim with the filing of their answer, for repairs or money owed in the Magistrate Court, Civil Small Claims Division or the State Court of Fulton County.

What is a Writ of Possession and when will I be evicted?

The Writ of Possession is an order directing the Marshals to remove the tenant and the personal property from the premises. A writ can issue if the defendant failed to file an answer or if the judge entered an order granting a writ of possession. An application for writ of possession must be filed by the plaintiff/landlord; the writ does not automatically issue. Once the application is filed, it will be processed by a clerk and sent to the Marshal's Office. A Marshal will then contact the plaintiff/landlord to schedule an appointment for the eviction. It is the plaintiff/landlord's responsibility to provide the actual labor for the eviction.