Housing and Domestic Violence

• Survivors and victims of domestic violence should not be denied housing or evicted from subsidized housing
• A tenant may terminate a lease (without penalty) due to domestic violence if...
  • They have a civil family violence order OR
    • Civil family violence order:
      • any civil family protective order (TPO) issued by a Superior Court after a hearing
      • any temporary protective order issued to a victim who has a police report showing a basis for the order
  • The abuser has a criminal family violence order against them.
    • Criminal family violence order:
      • Any order of pretrial release issued as a result of an arrest for an act of family violence
      • Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence

HOW do I terminate a lease due to domestic violence?

1. Give 30 days written notice to the landlord
2. Keep a copy of the notice and proof of its delivery
3. The landlord cannot charge an early termination fee or penalty for early termination
   • The landlord has to process the move out as if it is the last day of the lease
   • You are not required to tell the landlord where you are moving
   • In terms of your security deposit, you can give the landlord an address of a friend or family member

• For more information, see this brochure.

WHAT can I do if I need housing?

• Georgia has many housing assistance programs - apply at your local housing authority
  • Housing Choice Voucher Program
    • Used to be known as Section 8 Housing
  • More Housing Resources
  • Call l-800-33HAVEN for information on emergency shelters.

For more information on safety planning and other family violence resources...

• Contact the National Domestic Violence Hotline. The phone number is 1-800-799-7233.
• See the Georgia Landlord Tenant Handbook
• See the Georgia Legal Aid website.
• Contact a Housing Counseling Agency in Georgia

Crime Prevention

• You have a right to live in a safe apartment
• Your landlord is required to make sure your apartment is secure and safe
  • Your landlord has a duty to...
    • Make sure the locks on your door are secure
    • Light entrances, stairways, and yards at night for safety precautions
    • Install safety devices
• If you are concerned about safety, give written notice of the problem to your landlord and state your safety concern.
• What if my landlord does not keep the property safe?
  • Landlords must take ordinary care to prevent criminal acts on the property or on tenants
  • If the landlord knew about the issue and did not do anything about it, you may be able to sue your landlord in court.

For more information on your rights, see the...

• Georgia Legal Aid Tenants Rights Brochure
• Georgia Landlord Tenant Handbook

Eviction

Both landlords and tenants have responsibilities

• Landlords must keep the property in good condition and make repairs
• Tenants must follow the terms of the lease and pay rent

WHAT is eviction?

• A landlord requiring you to leave the property you are renting
• Landlords cannot evict tenants without suing you in court
  • A lawsuit to evict you is called a dispossessory affidavit
  • If you receive a lawsuit, call a lawyer if you can
  • You can keep the property until the court makes a decision
    • The landlord cannot cut off utilities either
• It is illegal for landlords to...
  • Change the locks
  • Have utilities turned off
  • Remove your belongings
  • Threaten you
• Your landlord can evict you if...
  • You have not paid your rent
  • You have broken the terms of the lease
  • You have not moved out when your lease ended
• Your landlord cannot evict you for reasons such as...
  • Race
  • Gender
  • **Your landlord cannot discriminate against you

For information on how to end a lease agreement due to domestic violence without penalty, click here.

Steps of the Eviction Process:

1. Demand for possession
   • Landlord demands that you leave the residence
   • You will receive a notice of eviction in writing (or sometimes spoken)
   • The notice will include a date that you need to leave by
     • If you no not leave by the date, the landlord can initiate an eviction in court
2. Landlord files a Dispossessory Affidavit under oath
   • Dispossessory affidavit - legal document requesting the court to take the residence from the tenant
3. You are served the Dispossessory Warrant
   • The warrant will include information such as:
     • the name of the landlord
     • your name
     • the reasons for the eviction
     • a statement that the landlord demanded that you leave and that you refused
     • the amount of rent or other money that is owed
     • where to file your Answer to the warrant.
4. You answer with a response to the lawsuit
   • Usually within 7 days of receiving it
   • If you do not file an answer, your landlord will win the case (default judgment)
     • A sheriff will likely come to evict you
   • For more information on filing an answer, see www.georgialegalaid.org
5. Hearing
   • If you file an answer, a hearing will be held
   • The court will issue its decision
6. The court makes a decision
   • If the court rules in favor of your landlord, the landlord will request a writ of possession requiring you to move out within 7 days and pay rent owed.
7. Appeals
   • File an appeal if the court ruled against you
     • An appeal prevents a writ of possession from being carried out
   • Appeal must be filed with 7 days of the court entering judgment

For a video about eviction in Georgia, see Learn About Eviction in Georgia

For more information, see the Tenants' Rights Brochure and Georgia Landlord Tenant Handbook

Foreclosure

WHAT is foreclosure?

• Legal process that allows mortgage lender to sell your house to pay back unpaid debt
  • Usually happens without a court hearing
  • Notice sent to you by certified, registered, or overnight mail no less than 30 days before the sale
  • Notice must state the name, address, and telephone number of someone connected with the mortgage lender
• It is not the same as eviction.
  • You do not have to leave your home until you are evicted
  • For information on eviction, click here.

WHAT happens after the foreclosure sale?

1. 1. The purchaser of your home must go to court and file a dispossessory (eviction) warrant.
   • It will be posted on your home’s front door.
2. You have 7 days to file an answer in court.
   • If you fail to do so, you could be evicted immediately.
3. A trial in court is scheduled.
4. If the judge rules against you, you have 7 days to move
   • If you stay in your home more than 7 days, your belongings may be removed from the home.

• If you believe you have claims for wrongful foreclosure, talk with a lawyer immediately.

HOW can I stop a foreclosure sale?

• Make a payment arrangement with the mortgage company such as...
  • Pay off your mortgage
  • Repayment plan
  • Forbearance agreement
    • Making reduced payments or not paying for a short time
  • Loan modification
    • Lender will change the terms of your loan by...
      • lowering the monthly amount or the interest rate
      • extending the length of your loan
  • Make sure to get a written confirmation from the mortgage company that the sale has been cancelled.
• If you cannot make a payment agreement with the mortgage company, consider...

1. Filing for bankruptcy before the foreclosure
   • The bankruptcy may include a repayment plan
2. Filing a lawsuit
   • If you have a legal claim to challenge the mortgage loan or foreclosure, contact a lawyer. You may be able to get a temporary restraining order to stop the scheduled foreclosure sale.

WHAT if I can afford to keep my home?

• Sell the home before the foreclosure sale
  • You have equity when your home is worth more than what you owe on the mortgage. The sale proceeds will pay off the mortgage loans completely, pay the real estate agent commission, and pay you the rest of the proceeds
• Deed in Lieu of Foreclosure
  • If there is no equity in the home, the lender will take ownership of the property and forgive the money you owe
• Cash-for-Keys
  • The buyer will offer to pay you to move out all belongings by a certain date

See this brochure on Saving Your Home From Foreclosure

For help with foreclosure expenses, see...

• Food and other assistance at https://gateway.ga.gov
• Utility Assistance at http://portal.hud.gov
• Credit Counseling Services at www.clearpoint.org.
• Help from private charities - Call the United Way at 211

For housing counseling, get help from a Georgia HUD approved housing counselors at http://portal.hud.gov

For legal help with foreclosure, contact the following agencies:

• Home Defense Program - (770) 648-4290
• Georgia Senior Legal Hotline - 404-657-9915 or toll free 1-888-257-9519
• Georgia Legal Services - 404-206-5175 or toll free 1-800-498-9469

For legal help from a private attorney, contact

• Atlanta Bar Association Lawyer Referral Service - 404-521-0777
• Decatur/DeKalb Lawyer Referral Service - (404) 370-0843

For more information on foreclosure, see www.georgialegalaid.org.

GA Housing Protections

Landlords in Georgia may not discriminate against tenants. It is against the law for a landlord to discriminate based on...

• Race
• Color
• National origin
• Religion
• Sex
• Military status
• Sexual orientation
• Domestic violence
• Disability
• Being single or married
• Having children
• Age
• Financial status (those receiving financial assistance)