Georgia Dispossessory Affidavit (Magistrate Court Form MAG-30-01): What Gwinnett County Landlords Need to Know About Notarization Under O.C.G.A. § 44-7-51

If you own rental property in Gwinnett County and a tenant fails to pay rent, holds over after the lease ends, or violates a lease term, the legal process to regain possession of your property begins with a single document: the Georgia Dispossessory Affidavit (Magistrate Court Form MAG-30-01), governed by O.C.G.A. § 44-7-51.

What Is a Dispossessory Affidavit?

A Dispossessory Affidavit — sometimes called a Dispossessory Warrant — is the sworn court form a landlord files in Magistrate Court to start an eviction action. It is the first step in a dispossessory proceeding under Georgia law. The affidavit formally notifies the court that a tenant has breached the lease agreement and requests that the court issue a summons requiring the tenant to appear or answer.

Under O.C.G.A. § 44-7-50 through 44-7-56, the dispossessory process follows this timeline:

• Step 1: The landlord serves the tenant with a written demand for possession (typically a 60-day notice for holdover tenants or immediate notice for nonpayment).
• Step 2: The landlord files a sworn Dispossessory Affidavit with the Magistrate Court.
• Step 3: The court issues a summons, and the tenant has seven days to file an answer.
• Step 4: If the tenant does not answer, the court may issue a writ of possession.

Why Does Georgia Law Require Notarization?

O.C.G.A. § 44-7-51(a) explicitly requires that the landlord or the landlord's agent "make oath" to the facts stated in the affidavit. This means the landlord must swear or affirm before a notary public (or a deputy clerk of the magistrate court) that the information in the affidavit is true and accurate. The notarization requirement serves several important purposes:

• Truthfulness: The oath requirement helps ensure that landlords do not file false or frivolous eviction claims. Swearing under oath subjects the affiant to penalties for perjury if the statements are knowingly false.
• Due Process: Because a dispossessory action can result in a tenant losing their home, Georgia law requires the landlord to make a sworn, verified statement before the court will take action.
• Record Integrity: The notary's seal provides a verifiable record of who made the oath and when, creating a clear chain of accountability.

Importantly, the notary block on the standard Form MAG-30-01 includes a section for the notary public to complete, confirming that the affiant personally appeared and was duly sworn. Some Gwinnett County landlords choose to have the affidavit sworn before a deputy clerk at the Magistrate Court instead of using a traveling notary — both options satisfy the oath requirement.

What Information Does the Affidavit Contain?

The standard Georgia Dispossessory Affidavit (Form MAG-30-01) requires:

• Names and addresses of the landlord (plaintiff) and tenant(s) (defendant)
• The county where the rental property is located
• The reason for the dispossessory action (nonpayment of rent, holdover tenancy, or lease violation)
• The amount of rent owed, if applicable
• A description of the leased premises
• The date the lease began and ended (for holdover claims)
• The notary acknowledgement section with the affiant's and notary's signatures

Official Resources

The Georgia Magistrate Council provides the standard statewide Dispossessory Affidavit and Summons (MAG-30-01) form as a fillable PDF. Gwinnett County landlords should check the Gwinnett County Magistrate Court dispossessory page for any county-specific filing instructions, as local rules may apply.

The filing fee for a dispossessory proceeding in Gwinnett County Magistrate Court can be found on the court's fee schedule. Checks should be made payable to the Clerk of Magistrate Court.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.