The Magistrate Court has jurisdiction to hear landlord-tenant disputes which includes dispossessory proceedings. This free and easy program will ask you questions and make papers for a residential nonpayment petition or written rent demand to start a nonpayment case.The Marshal, Sheriff or Constable will deliver a Notice of Eviction to the tenant. The landlord, or agent, advises the deputy of the name of the labor source that will be used for the Eviction. When a Landlord wants a Tenant to move out of a rental property and the Tenant will not move voluntarily, the Landlord must come to court to use the. I filed an eviction through the Small claims in Fulton County Ga. My roommate left without a notice, what form do I need. _____ My landlord did not give me proper notice that my lease or rental agreement was terminated in accordance with the terms of our lease. The landlord can seek an order from either the Magistrate, State, or Superior Court located in the county where the rental property is located. A lease grants a tenant the right to use and live in the rental property temporarily, so the landlord can have the property back in the future.