Landlord / Tenant - Dispossessory
In order to file a dispossessory action certain conditions must be met:
- The relationship between the parties must be landlord and tenant (see O.C.G.A. 44-7-11);
- The tenant must be either a tenant holding over, a tenant at will, a tenant at sufferance, or in violation of the written or verbal agreement such as not paying rent as it becomes due;
- The landlord must have made a demand for possession of the premises prior to commencement of the proceedings (see O.C.G.A. 44-7-50);
- A dispossessory action should be filed in the county where the property is located;
- The complaint may include a demand for possession of the premises, past due rents, utilities, late fees, attorneys' fees, and other monetary claims related to the landlord-tenant relationship.
The judge may order your case to mediation to allow the parties to come to an agreement prior to having a hearing. This process will require the parties to meet with a mediator so that the parties might come to an agreement and settle their case. A mediator is not a judge and will only work with the parties to see if you can reach an agreement. If the parties cannot agree, then they will go before the judge. The Landlord has the burden of proving his or her case by what is known as a preponderance of the evidence. The Tenant has the same burden of proof on any counterclaim. That basically means that the evidence produced by a party must be greater in weight than the evidence produced by the other party.
The Landlord-Tenant Handbook is designed to provide an overview and answer common questions about Georgia residential landlord-tenant law. 
Georgia Landlord-Tenant Handbook (PDF) or 
Georgia Landlord-Tenant Handbook (Word). This handbook can be helpful to both landlords and tenants; However, it should not be a substitute for professional legal advice.
