Proceeding Against Tenant Holding Over (Eviction Form)

PROCEEDING AGAINST TENANT HOLDING OVER __________________________________________ __________________________________________ Case No. _________________________________ __________________________________________ Plaintiffs Name, Address, Phone Number v. __________________________________________ __________________________________________ __________________________________________ Defendants Name and Address 1. Defendant is in possession as tenant of premises at the address in Cobb County as stated above. 2. Affiant is the [ ] Owner; [ ] Attorney[ ; ] Agent; [ ] Lessee of said premises. 3. Tenant [ ] fails to pay the rent which is now due; [ ] holds the premises over and beyonde thterm for which they were reed ornt leased to him; or [ ] ____________________________________________________________________. 4. Plaintiff is entitled to recover any and all rent tha maty come due until this action is finally concluded. 5. Plaintiff desires and has demanded possession of premises. 6. Defendant has failed and refused deliver to possession of premises. WHEREFORE, Plaintiff demands: (a) possession of premises; (b)past du e rent of $___________; (c) rent accruing up to date of judgment or vacancy at the rate of $___________ per ______________________; (d) __________________________________. SWORN TO AND SUBSCRIBED BEFORE ME THIS __________________________________ _______ DAY OF __________, 20_____. Affiants Address and Phone Number __________________________________ _____________________________________________ __________________________________ NOTARY PUBLIC OR ATTESTING OFFICER SUMMONS TO: THE MARSHAL of the Magistrate Court of Cobb County or his lawful deputies and to the Sheriff of Cobb County or his lawful deputies: GREETINGS: The defendant(s) herein is/are commanded and required personally (or by attorney) to appear at the Magistrate Court of Cobb County, 32 Waddell Street, Marietta, Georgia between the hours of 8:00 a.m. and 5:00 p.m. on or before the SEVENTH day (or on the first business day thereafter if the seventh day falls on Saturday, Sunday, or legal holiday) from the date of service of the within affidavit and summons to answer the affidavit in writing or orally. If answer is NOT made, aWr it of Possession and/or judgment shall issuein stanter. WITNESS the Honorable Judges of this Court. The affidavit was sworn to and subscribed before the undersigned Deputy Clerk by the Affiant as provided by O.C.G.A. 44-7-50 and summons issued pursuant thereto. ______________________________________ Defendant to answer on or before __________________ Deputy Clerk, Magistrate Court of Cobb County 20____. _____________________________________________ D eputy Marshal WRIT OF POSSESSION TO THE MARSHAL OF THE MAGISTRATE COURT OF COBB COUNTY OR HIS LAWFUL DEPUTIES AND TO THE SHERIFF OF SAID COUNTY OR HIS LAWFUL DEPUTIES: You are hereby commanded to remove said defendant, together with his property thereon, from said house or premises and to deliver full and quiet possession of same to Plaintiff herein. This ______ day of ______________, 20____. __________________________________ Judge, Magistrate Court of Cobb County Tenant ejected _________________, 20____. __________________________________ __________________________________D.M. Date of Service