Georgia · Landlord-tenant dispute
Landlord-tenant dispute in Georgia small claims
Unpaid rent, withheld deposit, or property damage? Resolve it in small claims.
Landlord-tenant disputes over money — unpaid rent, a withheld deposit, damage charges, or a landlord's failure to make repairs you paid for — often end up in small claims court. The key to a strong case is a clear paper trail: your lease, rent receipts, move-in and move-out documentation, and all written communication with the other party. You do not need a lawyer to present this kind of claim.
In Georgia, small-claims cases are heard in the Magistrate Court and you can sue for up to $15,000.
Good to know: Georgia small-claims cases are heard in the county Magistrate Court, which has civil jurisdiction up to $15,000 (O.C.G.A. 15-10-2). Note: in 2023 Georgia overhauled how magistrate-court judgments are reviewed, replacing the old "de novo appeal" with a "petition for review" to the State or Superior Court.
Landlord-tenant dispute: steps that matter
- Gather your lease, all rent payment records, and any written communication between you and the other party about the dispute.
- Document the property's condition thoroughly — photos and videos at move-in, during the tenancy, and at move-out.
- Send a written demand stating exactly what you are claiming and why, and keep proof of delivery.
- Confirm whether your state has a separate, shorter statutory deadline for your specific claim (such as deposit return) with your court or local housing authority.
- File in the small claims court for the county where the rental property is located.
Filing your Statement of Claim (Form MAG 10-01) in Georgia
- Complete the Statement of Claim (Form MAG 10-01). Fill in the parties' names and addresses, the amount you are owed (up to $15,000), and the reason for the claim. File it with the Magistrate Court clerk in the county where the defendant lives.
- File and pay the fee. File the Statement of Claim with the Magistrate Court clerk and pay the filing fee. If you cannot afford the costs, file a Pauper's Affidavit asking the court to waive them.
- The sheriff serves the defendant. The sheriff serves a copy of the Statement of Claim on the defendant. You cannot serve the papers yourself.
- The defendant answers within 30 days. The defendant has 30 days from service to file an answer. If they do not respond, you may seek a default judgment.
Filing fees: Filing and service fees are set by the county Magistrate Court and vary; confirm the current amount with the court. A Pauper's Affidavit lets you ask the court to waive costs if you cannot afford them.
Deadline that applies to your landlord-tenant dispute
A landlord-tenant money dispute is usually grounded in the lease — a contract — so the contract statute of limitations is the typical outer deadline for filing. Many states also have separate landlord-tenant statutes with shorter deadlines for specific remedies such as security deposit return. Confirm which deadline applies to your exact claim with the court or your state's official landlord-tenant resource.
Written contract: 6 years (O.C.G.A. § 9-3-24)
Answering a lawsuit: The defendant must file an answer within 30 days after being served (O.C.G.A. 15-10-43). If they miss it, the court may enter a default judgment; the defendant then has 15 more days to open the default by filing a late answer and paying costs.
Serving the defendant: The sheriff serves a copy of the Statement of Claim on the defendant; the court may also allow leaving a copy at the defendant's home with a suitable person or delivery to an authorized agent (O.C.G.A. 15-10-43). The plaintiff cannot serve the papers personally.
Appeals: Either party may seek review of a Magistrate Court judgment by filing a Petition for Review with the State Court or Superior Court within 30 days (O.C.G.A. 5-3-7(b), under the Superior and State Court Appellate Practice Act effective July 1, 2023; magistrate appellate jurisdiction under O.C.G.A. 15-10-41).
All Georgia small-claims deadlines
The table below lists the filing deadlines Magistrate Court applies by claim category. Confirm the exact rule that applies to your landlord-tenant dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (O.C.G.A. § 9-3-24) | 6 years |
| Oral contract / open account / debt (O.C.G.A. § 9-3-25) | 4 years |
| Property damage (O.C.G.A. § 9-3-31) | 4 years |
| Personal injury (O.C.G.A. § 9-3-33) | 2 years |
Georgia small-claims forms for your landlord-tenant dispute case
These forms are published by the Magistrate Court. Download and complete them before filing.
- Statement of Claim (Form MAG 10-01): Starts a Georgia Magistrate Court small-claims case.
- Answer and Counterclaim of Defendant (Form MAG 10-03): Lets a Georgia defendant answer and, if needed, counterclaim.
- General Instructions for Civil Filings (Form MAG 10-02): Official statewide instructions for filing a magistrate civil or small-claims case.
- Pauper's Affidavit: Requests a waiver of court costs for a party who cannot afford to pay.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Georgia Judicial Branch: Magistrate Court Forms and Information. Last reviewed 2026-06-23.