Dispossessory Warrant
What Is a Dispossessory Warrant?
A dispossessory warrant is a legal notice that informs a tenant that their landlord has officially started the eviction process.
Before filing a dispossessory warrant, a landlord must first deliver an eviction notice to the tenant. If that demand is unheeded, the grounds for dispossessory include:
- The tenant has failed to pay the rent.
- The tenant has overstayed the lease.
- The tenant has otherwise violated the provisions of the lease.
State and local laws govern dispossessory warrants. In many states, if the tenant does not respond within seven days of receipt of the notice, they waive the right to fight the eviction.
How to Serve an Eviction Notice
Landlords must follow state laws regarding the eviction process. The process usually begins with the landlord using an eviction notice form to write the letter. An eviction notice also is sometimes called a notice to quit or a notice to vacate.
The following information is needed on the form:
- Tenant's complete name
- Tenant's address
- Date of the notice
- Date of the lease
- Reason for the eviction notice
- Number of days to resolve the issues
The landlord (or their legal representative or agent) may "serve" the notice to the tenant in person, through a process server, through a law enforcement officer, or by U.S. regular or certified mail. Some states allow the notice to be served by email.
If a tenant fails to respond to the eviction notice by the set deadline or the court rules in the landlord's favor in an eviction lawsuit, a law enforcement officer will serve a writ of possession to the tenant.
After a writ of possession is served, the tenant has several days (determined by the court) to vacate the premises before further legal steps are taken. If the tenant does not leave by this new deadline, they can be forcibly removed by a law enforcement officer.
Any property remaining on the rental property will be considered abandoned, and the landlord can do whatever they choose with the property.
What Are Typical Reasons for a Dispossessory Warrant?
The most common reasons for eviction are:
- Non-payment of rent
- Incomplete payment of rent
- Unlawful activity on the premises
- Not following health and safety standards
- Unauthorized tenant(s)
- Not moving out after the lease agreement ends
- Violating subleasing or subletting terms of the lease agreement
- Unauthorized pet living on premises
- Significant damage to property
You do not need an attorney to file or respond to a dispossessory warrant. However, a clear understanding of state laws on the eviction process is critically important. The laws are designed to protect both landlords and tenants from unfair or illegal treatment.
Helpful Resources:
Dekalb Magistrate - Dispossessory FAQ
Fulton County Superior Court, GA - Dispossessory/Landlord Tenant
What Is a Dispossessory Warrant?
A dispossessory warrant is a legal notice that informs a tenant that their landlord has officially started the eviction process.
Before filing a dispossessory warrant, a landlord must first deliver an eviction notice to the tenant. If that demand is unheeded, the grounds for dispossessory include:
- The tenant has failed to pay the rent.
- The tenant has overstayed the lease.
- The tenant has otherwise violated the provisions of the lease.
State and local laws govern dispossessory warrants. In many states, if the tenant does not respond within seven days of receipt of the notice, they waive the right to fight the eviction.
How to Serve an Eviction Notice
Landlords must follow state laws regarding the eviction process. The process usually begins with the landlord using an eviction notice form to write the letter. An eviction notice also is sometimes called a notice to quit or a notice to vacate.
The following information is needed on the form:
- Tenant's complete name
- Tenant's address
- Date of the notice
- Date of the lease
- Reason for the eviction notice
- Number of days to resolve the issues
The landlord (or their legal representative or agent) may "serve" the notice to the tenant in person, through a process server, through a law enforcement officer, or by U.S. regular or certified mail. Some states allow the notice to be served by email.
If a tenant fails to respond to the eviction notice by the set deadline or the court rules in the landlord's favor in an eviction lawsuit, a law enforcement officer will serve a writ of possession to the tenant.
After a writ of possession is served, the tenant has several days (determined by the court) to vacate the premises before further legal steps are taken. If the tenant does not leave by this new deadline, they can be forcibly removed by a law enforcement officer.
Any property remaining on the rental property will be considered abandoned, and the landlord can do whatever they choose with the property.
What Are Typical Reasons for a Dispossessory Warrant?
The most common reasons for eviction are:
- Non-payment of rent
- Incomplete payment of rent
- Unlawful activity on the premises
- Not following health and safety standards
- Unauthorized tenant(s)
- Not moving out after the lease agreement ends
- Violating subleasing or subletting terms of the lease agreement
- Unauthorized pet living on premises
- Significant damage to property
You do not need an attorney to file or respond to a dispossessory warrant. However, a clear understanding of state laws on the eviction process is critically important. The laws are designed to protect both landlords and tenants from unfair or illegal treatment.
Helpful Resources:
Dekalb Magistrate - Dispossessory FAQ
Fulton County Superior Court, GA - Dispossessory/Landlord Tenant