We provide free legal help to Atlanta tenants who are facing an eviction.
The CDC has temporarily halted evictions for non-payment of rent.
This is to help prevent the spread of coronavirus and ensure that people can practice social distancing and comply with stay-at-home orders.
The eviction moratorium lasts through July 31, 2021.
Tenants are not automatically covered by the CDC moratorium.
You have to fill out a declaration and give it to your landlord to be protected by this CDC order. You must sign and provide to your landlord a declaration that you:
- have used your best efforts to obtain governmental rental assistance;
- expect to earn no more than $99,000 in 2020 (or no more than $198,000 if filing a joint tax return), were not required to report income in 2019 to the IRS, or received an Economic Impact Payment (stimulus check) under the CARES Act;
- are unable to pay the full rent or make a full rent payment due to substantial loss of income, loss of work hours, lays-offs, or extraordinary out-of-pocket medical costs;
- are using your best efforts to make partial rent payments; and
- an eviction would result in homelessness or force you to double or triple up with other households.
Tenants are still obligated to pay rent.
Landlords are allowed to tack on late fees to the past due rent. As of August 1, 2021 tenants will owe their landlord any unpaid rent and any fees, penalties, or interest as a result of their failure to pay rent during the period of the CDC order.
The CDC order does not provide emergency rental assistance resources to cover back rent, utilities, or fees.
You can be evicted for reasons other than nonpayment of rent.
The CDC order does not prevent an eviction for:
- Engaging in criminal activity while on the premises;
- Threatening the health or safety of other residents;
- Damaging or posing an immediate and significant risk of damage to property;
- Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
- Violating any other contractual obligation of a tenant’s lease, other than the timely payment of rent or similar housing-related payment (including nonpayment or late payment of any fees, penalties, or interest).
The information here is legal information and not legal advice specific to your case. We have not reviewed the facts relevant to your case. For more information on how the information above may apply to your specific situation, please contact the Housing Court Assistance Center.