New Protections For Tenants After A Foreclosure On May 20, 2009, President Obama signed a new federal law protecting tenants when the property they rent is sold at a foreclosure sale. The Protecting Tenants at Foreclosure Act is a federal law but it applies to state court eviction proceedings. The new owner must give the tenant the required notice before filing to evict. The law expires on December 31, 2012.
Protections for Tenants
When property is purchased at a foreclosure sale, this law requires that the new owner accept and follow any existing leases. The tenant?s lease does not end when the property is sold at foreclosure. For example, if a tenant living in the foreclosed property has a lease with nine months remaining, the new owner cannot evict the tenant until the lease expires and proper notice is given the tenant. There are three exceptions to the rule that the new owner cannot terminate the existing lease:
By: Georgia Legal Services Program®
Tenants at Foreclosure Act Know your rights as a renter of a foreclosed property under the new federal law
By: Atlanta Legal Aid Society
Eviction (Answers to Common Questions)
This document answers questions that many people have about eviction and the eviction process.
By: Georgia Legal Services Program®
How to Answer An Eviction Warrant Under Georgia Law you can be evicted if:
(1) You do not pay your rent, (3) You break your lease, or (3) You do not move out at the end of your lease. However, your landlord must follow the law to evict you. Your landlord cannot change your locks. Your landlord cannot put your things in the street. Your landlord must take you to court. When this happens, you will get an eviction or dispossessory warrant. You can answer this warrant and tell your side of the story.
By: Atlanta Legal Aid Society
Read this in:
Korean / 한국어
,
Spanish / Español
How to File a Dispossessory Answer If a Landlord wants a tenant to move out of rental property and the tenant will not voluntarily move, the landlord must go to court and seek an order permitting the tenant to be removed from the property. Once the terms of the lease have been followed, Georgia law requires the landlord to demand or request that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord can file a Dispossessory Affidavit.
While the legal process can take several weeks, self help evictions, including changing the locks or threatening the tenant, are illegal under Georgia law. A landlord who suspends a tenant's utility service prior to the final judgment in a dispossessory action has broken the law and may be subject to a fine up to $500 under Georgia Law found at O.C.G.A. § 44-7-14.1. A tenant can take legal action against the landlord for damages suffered due to a wrongful self-help eviction. If the tenant cannot obtain an attorney, the claim can be filed in the magistrate court of the county where the landlord is located or as a counterclaim in the dispossessory action brought by the landlord.
By: Georgia Legal Services Program®
Other Formats:
WPD File
How To Answer A Dispossessory If a Landlord wants a tenant to move out of rental property and the tenant will not voluntarily move, the landlord must go to court and seek an order for the tenant to be removed. Once the terms of the lease have been followed, Georgia law requires the landlord to demand or request that the tenant give up possession and move. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord can file a Dispossessory Affidavit
By: Georgia Legal Services Program®
How to Appeal From a Magistrate Court Dispossessory If you lost your dispossessory trial in magistrate court, the judge will issue an order for you to be removed from the property (called a writ of possession). The judge may also hold that you owe your landlord money for rent and/or other charges. You have seven (7) days from the date of the judgment (usually the day of your hearing) to file your appeal. You can check with the court to find out when your appeal must be filed. If you do not file an appeal, your landlord can use the writ of possession and have you removed from his property no earlier than the eighth (8th) day following your trial. If the judge puts in his order that you owe your landlord money, your landlord may try to collect that money by garnishing your paycheck, back accounts or property. The landlord may also use a collection agency to try and collect the money from you.
By: Georgia Legal Services Program®
Other Formats:
WPD File
How to Appeal If You Lose a Magistrate Court Dispossessory If you lost your dispossessory trial in magistrate court, the judge will issue an order for you to be removed from the property (called a writ of possession). The judge may also hold that you owe your landlord money for rent and/or other charges. You have seven (7) days from the date of the judgment (usually the day of your hearing) to file your appeal. You can check with the court to find out when your appeal must be filed. If you do not file an appeal, your landlord can use the writ of possession and have you removed from his property no earlier than the eighth (8th) day following your trial.
By: Georgia Legal Services Program®
Other Formats:
WPD File
Learn about Eviction in Georgia
(Separate Website)
This presentation was developed as part of the Law and Government Education Project in the Institute of Government at the University of Georgia. In partnership with the Law School and the Center for Teaching and Learning at UGA and the Law School at Mercer University, the Institute develops resources on basic areas of Georgia and federal law. These resources are then distributed across the state in a variety of ways including the State Bar of Georgia?s Pro Bono Project website. We hope you will find this presentation to be useful and informative. Please be advised, however, that this presentation is designed to provide general information only and does not substitute for legal advice. At the conclusion of the presentation you will find a list of organizations which may be able to provide assistance to those who have legal issues relevant to the topic of this presentation. We encourage viewers to contact these organizations for help. Also, please consult the Pro Bono Project website for a list of other presentations available for viewing.
By: Carl Vinson Institute of Government, University of Georgia
Read this in:
Spanish / Español
Housing Codes City and county housing codes are designed to keep neighborhoods in decent, safe and sanitary condition. The housing code sets the rules for basic upkeep and maintenance for decent housing. These rules are designed to prevent or correct problems that may cause unsafe or unhealthy conditions.
The code applies to all housing in your city or county. It can be very helpful to renters and homeowners. You can use the housing code to complain about bad housing conditions and other neighborhood problems.
By: Atlanta Legal Aid Society
Read this in:
Spanish / Español
Tenants' Rights As a tenant, you have rights, but you also have responsibilities. For your own protection, there are some things you need to do before you even sign the lease, while you are renting and when you move out. There are also things you need to know if your landlord tries to evict you.
By: Atlanta Legal Aid Society
Read this in:
Spanish / Español
Mortgage and Foreclosure Relief: Answers for Reservists, Guardsmen and Other Military Personnel
(Separate Website)
Information for service men and women about how the Soldiers and Sailors Relief Act helps with mortgage relief, lease termination and eviction issues.
By: U.S. Department of Housing and Urban Development (HUD)
Brochure on Fair Housing Laws The Fair Housing Act prohibits discrimination in housing based on race or color, national origin, religion, sex , familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18), and handicap (disability).
Other Formats:
WPD File
Adobe Acrobat Reader required. (If you are using a screen reader that does not support PDF format, copy the PDF link, and use the Access Adobe online form to convert this file to HMTL text.)
Copyright and Use Notice
This material is copyrighted by either Atlanta Legal Aid Society, Inc. ("Legal Aid") or Georgia Legal Services Program ("GLSP"). Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
LegalAid-GA is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. This website was produced with funding from the Legal Services Corporation.
