Agency offers free legal assistance to low income, Northwest Georgia citizens

The COVID-19 global pandemic has wreaked havoc across our state with many people losing their jobs and a significant backlog in processing unemployment claims. These new realities led to many tenants being unable to pay their rent which we fear will result in a significant increase in evictions.

The closure of the courts and the CARES Act slowed the filing and processing of eviction actions. But courts have reopened, and the CARES Act expired and has yet to be renewed.

The CARES Act, signed into law Mar. 27, 2020, prohibited landlords from taking action to evict tenants due to nonpayment of rent if the property received federal rental assistance or had a federal insured mortgage. The CARES Act expired on July 25, 2020, and landlords of covered properties can now give tenants a 30-day notice of their intent to proceed with an eviction for nonpayment. Once the 30-day notice expires, the landlord can initiate an eviction action.

It has come to our attention that some landlords, frustrated by the closure of the courts and prohibitions on eviction by the CARES Act, may be using illegal means and methods to remove tenants from rental property. Georgia law prohibits self-help evictions and requires that landlords go through court to remove tenants from rental property. This is true even if there is not a written lease between the landlord and tenant.

The filing of a dispossessory action with the court is the only legal way to remove a tenant from a rental property. Without a court order, landlords cannot change the locks, otherwise prohibit access to the property, threaten a tenant, remove the tenant’s personal property or turn off utilities to force a tenant to leave. A letter from a landlord or an attorney is not the same as a court decision and is not a valid eviction.

The dispossessory process moves quickly. Once a landlord files, the tenant is served and has seven days to file an answer. If the tenant does not file an answer, the court can issue an order allowing the landlord to remove the tenant and their property from the rental unit. This order is called a writ of possession. If the tenant files an answer, a hearing will be set – usually within just a couple of days.

The court will rule for the landlord and issue a writ of possession if it finds the tenant has violated the lease agreement, has failed to pay rent or no longer has a right to remain in the rental property. If the tenant doesn’t move out within seven days, the landlord can have the sheriff’s department execute the writ and remove the tenant and their possessions from the rental property.

Tenants facing eviction for nonpayment may avoid eviction by paying the landlord all the rent owed, plus the court costs – this is called the tender defense. This payment must be made during the seven-day answer period. If the landlord accepts payment, the tenant must still file an answer with the court, so the court is aware payment was made. A tenant can use the tender defense only once every 12-months.

If you are a tenant with limited income and resources who needs legal advice/assistance about your rights as a tenant, public benefits (such as food stamps, Medicaid, Temporary Assistance for Needy Families), or another civil legal issue, Georgia Legal Services Program may be able to help you – call 1-833-GLSP LAW or go to www.glsp.org.