Tenant/Landlord Relations-Proceeding Against Tenant Holding Over (Dispossessory)
Proceeding Against Tenant Holding Over: An action to restore possession of property to the person entitled to it. Not only must the plaintiff establish a right to possession in himself, but he must also show that the defendant is in wrongful possession.
The Landlord or Agent files a Proceeding Against Tenant Holding Over (Dispossessory) in the State or Magistrate Court of Fulton County.
The Dispossessory is served to the defendant (tenant) by the Marshal's Department. The defendant may file an answer with the court within the time specified by law.
The plaintiff (landlord/agent) and defendant may appear before the Dispossessory Court for adjudication. If the plaintiff prevails or the defendant fails to file an answer, the plaintiff can apply to the Court for a Writ of Possession after the time specified by law. The Application for a Writ of Possession is processed by the Clerk's Office and when issued, is then sent to the Marshal's Department for execution. The plaintiff or plaintiff's agent is responsible for securing labor for the eviction, either by hiring an Eviction company or by arranging for sufficient labor to expediently remove the defendant's property from the premises.
The Marshal's Department then contacts the plaintiff or plaintiff's agent to verify that the Writ still needs to be executed, to determine the labor source and to schedule the time for the eviction. The Deputy Marshal, plaintiff or plaintiff's agent, and the labor source meet at the eviction location to execute the Writ of Possession. The defendants and all of their possessions are removed from the premises under the supervision of the Deputy Marshal and placed on some portion of the landlord's property or on other property as may be designated by the landlord and as may be approved by the Deputy Marshal.
Writ of Possession: This is the writ (a mandate in writing) of execution employed to enforce a judgment to recover the possession of land. It commands the Marshal to enter the land and give possession of it to the person entitled under the judgment.