Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19.
The Centers for Disease Control and Prevention through the Department of Health and Human Services issued an order, to temporarily stop residential evictions. This order began on September 4, 2020 and will expire March 31, 2020, unless the CDC makes any changes to their original order or it is otherwise enjoined or vacated.
Tenants, lessees, or residents of residential properties who” provide “an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live.
Each adult listed on the lease, rental agreement, or housing contract should…complete and provide a declaration.
Tenants, “are still required to pay rent.” It is important to note that, “nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.”
Also, if you provide a signed copy of the Declaration you are swearing that you are making your best effort to make “timely” partial payments that are as close to the full amount due as “circumstances may permit,” taking into account other nondiscretionary expenses.
By signing the Declaration, you are swearing that you meet ALL the following requirements:
It means that you could be jailed for up to five years or fined or both if you are untruthful.
Tenants who do not provide a signed copy of the Declaration form to their landlord; owners of homes whose mortgage has been foreclosed and are now tenants; hotels/motels/temporary guest houses rented to a temporary guest or seasonal tenant; and commercial properties.
If you need legal assistance, please contact Atlanta Legal Aid Society’s DeKalb Office at: (404) 377-0701.
The following “Questions and Answers” are not a substitute for the advice of an attorney. DeKalb County State and Magistrate Clerks do not practice law, and the employees of State and Magistrate Courts cannot act as your attorney. The State and Magistrate Clerks cannot provide legal advice and are not permitted to engage in the practice of law. The Clerk’s Office is prohibited from providing any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.
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