What can a landlord sue for in the Dispossessory Action?
A landlord may sue for unpaid rent, interest, damages to the property, and, if the lease is properly drafted, attorney’s fees (usually capped at about 15% of the unpaid rent.) Because dispossessory is a summary proceeding, no other collateral issue may be joined with a dispossessory action. For example, suppose the tenant damaged the landlord’s car and will not move out. The landlord may not sue for damages to his car committed by the tenant along with the suit for eviction; only issues directly related to rent, the house or apartment and damage thereto may be joined in the dispossessory action. O.C.G.A. Section 44-7-51 Issuance of summons; service; time for answer; defenses and counterclaims. (a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his de
