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CARES Act Addendum to Eviction Answer

Authored By: Atlanta Legal Aid Society, Inc. LSC Funded
Contents

Sample CARES Act Addendum to Eviction Answer

MAGISTRATE COURT OF _______________ COUNTY

STATE OF GEORGIA

 

_______________________________

Plaintiff/Landlord

 

v.                                                                      Civil Action File No. ________________

 

_______________________________

Defendant/Tenant

 

Addendum to Answer for Non-payment of Rent

 

I cannot be evicted for non-payment of rent because I am protected from eviction by the federal CARES Act.

Under the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), my landlord cannot evict me for non-payment of rent or non-payment of other fees or charges.  See Sec. 4024(b). Starting March 27, 2020, landlords with a federal subsidy or federally-backed mortgage loan are prevented from filing an eviction case for non-payment of rent or other fees.  See Sec. 4024(a).

Check one:

            ____ My rent is federally subsidized.

            ____ Upon information and belief, my landlord has a federally backed mortgage.

I do not have access to the information showing that my landlord is covered by the federal moratorium, but my landlord has access to this information.  If my landlord argues that she/he is not covered by the moratorium, the landlord should have to provide proof that the property is not subject to a federally-backed mortgage or federal subsidy.

The eviction moratorium in the CARES Act lasts for 120 days (until July 25, 2020).  During the moratorium, my landlord cannot charge me any fees or penalties because of nonpayment of rent. See Sec. 4024(b).  After the Act expires, my landlord must give me 30 days’ notice before filing a new eviction case for non-payment. See Sec. 4024(c).

 

 

Dated: ___________________________                  Signed: _____________________________

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Last Review and Update: Apr 10, 2020