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Don't ignore the eviction because it's confusing, overwhelming, or you assume you will lose your case! You may have good defenses or counterclaims.
You only have SEVEN (7) DAYS to file an Answer to the eviction with the Court after you are served with it. If you miss this deadline, you will lose your case automatically. If the seventh day falls on a weekend or holiday, you have until the next business day.
When you are served with a copy of the court eviction paper, make a plan to file your Answer. You can file in-person at the courthouse for free and may also be able to file an answer online for a fee. If you are in Fulton County, you can get free help filing your answer by going to the Housing Court Assistance Center (located inside the Fulton County courthouse) on Mondays, Tuesdays, or Wednesdays.
In Fulton County, if you do not raise a legally valid defense or counterclaim in your Answer, the Court is automatically going to rule for your landlord (this is called a Judgment on the Pleadings). Therefore, it is very important that you fill out your Answer form accurately.
After you file your Answer, the Court will schedule your case for a hearing. Be sure to keep an eye on the mail (and update your address with the Court if you move) and check the Court's online docket to see when the hearing is scheduled. You can also call the courthouse to check if a hearing has been scheduled yet. Some hearings are scheduled quickly and others take months. If you miss your hearing date, you will lose your case.
For more detailed information, see the Housing Justice League's Eviction Defense Manual.
There are several organizations in Georgia that offer free legal assistance to tenants:
Atlanta Legal Aid Society (Fulton, Clayton, Cobb, Gwinnett, DeKalb)
Atlanta Volunteer Lawyers Foundation (Fulton, Clayton)
DeKalb Pro Bono (DeKalb)
Georgia Legal Services Program (all Georgia counties not mentioned above)
Georgia law requires landlords to keep their rental property in repair. See O.C.G.A. 44-7-13, 44-7-14. Tenants are responsible for telling their landlord about the problem that needs repair (it's best to do this in writing) and giving the landlord a reasonable time to make the repairs.
If you have notified your landlord of the problem and allowed them enough time to make the repair, you have several options. First, you have the right to "repair and deduct". This means that you can hire a professional repair person to make the repairs (for example, a plumber). You must pay the repair person up front, out of your own pocket, and get a receipt. Then, the following month, you can subtract the amount of money you paid the repair person from your rent, and provide your landlord with the remaining rent owed and a copy of the receipt. It is best to notify your landlord in advance that you intend to use your right to repair and deduct.
EXAMPLE of repair and deduct: Your monthly rent is $800. Your landlord has not fixed your clogged kitchen sink, even though you have submitted multiple repair requests in writing and waited a reasonable time. After notifying your landlord that you intend to use your right to repair and deduct, you call a licensed plumber. The plumber unclogs your sink and charges you $250. You pay the $250 and get a receipt. When your rent comes due the following month, you pay your landlord $550 (your monthly rent minus the plumber's bill) and provide your landlord with a copy of the plumbing receipt.
Second, you have the right to continue living in your home, paying your rent in full each month, and sue your landlord for violating the Georgia laws that require him to make repairs. It is a good idea to seek legal advice or representation before you do this. Georgia law does not allow you to withhold rent, even if your landlord is breaking the law. Georgia law requires you to keep paying your rent in full, on time, to your landlord every month. If you do not do this, it is likely that your landlord will file an eviction.
Finally, in some extreme cases, where the living conditions were so bad that you were forced to move out, you may be able to prove that you were constructively evicted. It is a good idea to consult with a lawyer before claiming that you were constructively evicted.
To apply for rent assistance through the Georgia Rental Assistance Program (funded by the Georgia Department of Community Affairs), apply online through the ARCHI portal here.
Other organizations may have rental assistance funds available. You may wish to call 211, the United Way hotline, to see what resources are available in your area.
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Under Georgia law, your landlord has 30 days after you move out to return your security deposit. You do not have the right to get your security deposit back before you move.
There are some things you can do to increase your chances of getting your security deposit back. First, before you move out, clean the rental unit as thoroughly as you can, and take photos and videos of it. Contact your landlord and ask to schedule a move-out inspection, so you can walk through the cleaned home with them and have them acknowledge in writing that it is in good condition. Next, be sure to provide your landlord with a good mailing address where they can send your security deposit refund.
Georgia law allows landlords to keep all or a portion of a security deposit if the tenant caused damage beyond ordinary wear and tear. If your landlord wants to keep all or a portion of your deposit based on damage you caused, they must send you a written explanation of the exact reasons they are keeping the deposit within 30 days of your move-out. If you do not get this written explanation, or if you think the explanation is wrong, contact a lawyer for advice or consider filing a lawsuit on your own. Depending on the type of landlord you have, you might be able to recover three times your security deposit if your landlord has broken the law.
Georgia law also allows landlords to keep security deposits if the tenant moved out owing rent or other charges.
There are different types of rent subsidies, and the process for accessing them varies.
Section 8 vouchers (also called Housing Choice Vouchers) are transferable rent subsidies that a tenant can bring with them when they move, as long as they can find a landlord who accepts Section 8. The Section 8 voucher program is administered by your local housing authority or, in parts of Georgia, by the Department of Community Affairs. Most housing authorities have a waiting list for the Section 8 voucher program, and most of those waiting lists are not currently open. For example, the Atlanta Housing Authority's Section 8 waiting list has been closed since March 27, 2017. Even if you are on the waiting list, it may take years to receive a Section 8 voucher. Housing authorities will often make a public announcement before their waiting lists open, so keep an eye out for those announcements.
Other types of rent subsidies are project-based, meaning that the rental assistance is connected to the rental unit and the tenant cannot take the subsidy with them when they move. In order to apply for a project-based subsidized unit, you need to call the apartment complex directly, find out if you are eligible (income restrictions may apply), and submit your application. There may be a waiting list. A number of apartment complexes in Atlanta are mixed-income, meaning that some of the units are subsidized and some are market-rate. Here is a list of some apartment complexes in Atlanta that contain some subsidized units.
The Low-Income Housing Tax Credit (LIHTC) program is another rent subsidy that some Atlanta landlords offer. Rents at these properties are based on a percentage of the Area Median Income. Here is a website where you can search for tax credit properties in Georgia.
There are also apartment complexes that offer affordable rents to seniors and people with disabilities. Check out Georgia Housing Search or call 211 for more information.
This list is not comprehensive. There are additional types of rent subsidies, voucher programs, and sources of assistance with varying eligibility criteria and availability. Unfortunately, the patchwork nature of these programs requires the tenant in need of help to do a lot of legwork to track down possible sources of assistance. Talk to your local housing authority, nonprofit organizations, your city councilor, and others to see if they are aware of any housing leads for you.
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