Served with an eviction notice?
Our team at the Housing Court Assistance Center put together a list of frequently asked questions to help you navigate the process.
Eviction in Fulton County FAQs
Within 7 days, you should file a response – which is known as an Answer – with the Court. You can find the form here.
The Answer is your opportunity to tell the Court why the landlord is not entitled to evict you.
The Answer also has a section for you to raise any claims, which are called “counter” claims, against your landlord. Example of counterclaims include failure to make repairs and breach of contract.
You can get help with this process by visiting us at the Housing Court Assistance Center, or by emailing us at firstname.lastname@example.org.
You can also call our main intake line at (404) 521-0790.
No. A landlord can’t force you to move out unless they receive permission from the Court.
Before your landlord can get the Court’s permission, you’ll have a chance to file an Answer and have a hearing before a judge.
Collect as much documentation and proof for your case as possible. Collect your lease (if you have one), any payment receipts, money orders, text messages, emails, voicemails, or letters between you and your landlord, and any pictures of repairs that need to be made.
If the landlord failed to make repairs, you can mark that as a defense and a counterclaim on your Answer. You should still continue paying rent.
Contact AVLF for further advice on this.
No. The better course of action would be to identify “failure to make repairs” as a “counter” claim within your Answer. You also have the right to file a small claims case against your landlord.
You can choose between an in-person hearing and a remote, online hearing through Zoom. You’ll receive a form in the mail that asks what type of hearing you would like. Select the type of hearing you feel most comfortable with.
Zoom hearings will take place as soon as possible during the fall. In-person hearings are postponed through November 2020.
Zoom is a free program you can use on a phone or computer to have an online hearing with the court.
You should request an in-person hearing using a form you will receive in the mail. In-person hearings will not happen until at least November 2020.
Mediation is when you and your landlord talk with a third-party to see if you can come to an agreement before talking with the judge.
If you do come to an agreement with your landlord, the agreement is binding, and you won’t have to go before the judge.
Yes, you can come up with a payment plan and see if your landlord will accept the plan. If the landlord accepts your payment plan, you should tell the landlord to dismiss the case.
Your landlord can then request what’s called a “writ of possession,” a document that allows them to evict you. The landlord has to give you 7 days to move after the court issues the writ of possession. After the 7 days, the marshals or sheriff will come to the property to supervise the move.
You still may want to show up to the hearing. Remember to give the Court your change of address.
No. You can leave the property if you want, but you should make sure leaving the property is not a violation of the lease (if you have one). If you leave the property, you should ask your landlord to dismiss the case; give the Court a change of address; and remember to attend your hearing.
No. In Georgia, there is no way for you to erase your case or remove it from the public record. Having an eviction does not create or add to a criminal record, but your case may show up on a background check or credit report.
No – it’s not illegal. In Georgia, you do not need a formal or written lease agreement to be a tenant.
Your landlord may be able to raise the rent. Sometimes a lease agreement allows the landlord to raise the rent any time; in some cases, your landlord may need to provide 30 or 60 days notice.
The Housing Court Assistance Center in the Fulton County Courthouse is a free walk-in legal advice clinic for tenants.