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PDF Editor FAQ

With the new CDC eviction ban, can I be evicted for non-payment in Georgia?

With the new CDC eviction ban, can I be evicted for non-payment in Georgia?Yes, you could. The order doesn’t take effect until it’s published in the Federal Register, which probably won’t be until September 4th (Friday). Still, you would have to sign the declaration (available on the CDC website) and deliver it to your landlord.With that declaration, you must assert and prove that you have applied for Federal assistance for payment of rent. Understand, also, that eventually, you’ll still owe that back rent.

My tenant demanded that I lower her rent or else she will stop paying rent. What should I do?

Unless she meets all the requirements for not getting evicted under the moratorium.The Order protects tenants who:have used their best efforts to obtain government assistance for housingare unable to pay their full rent due to a substantial loss of incomeare making their best efforts to make timely partial payments of rent, andwould become homeless or have to move into a shared living setting if they were to be evicted.In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) in 2020not have been required to report any income to the IRS in 2020, orhave received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act, Section 9601 of the American Rescue Plan Act of 2021, or to any other similar federally authorized payments made to individuals in 2021 and 2021.Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order. You can use Nolo's free, downloadable CDC Eviction Ban Declaration form to satisfy this requirement (the download includes details about the ban and instructions).Anyone who violates the Order may be subject to criminal penalties including fines and jail time.So i would present her with that declaration and request it be notarized, if she cant meet these requirements and didn't qualify for government rent assistance, ask her how much does she feel like gaming the system and getting her credit ruined.

Is the eviction ban for all reasons or only for failure to pay rent due to a corona-related reason?

Here is the information on the eviction moratorium from the CDC https://www.cdc.gov/coronavirus/2019-ncov/downloads/eviction-moratoria-order-faqs.pdf Its suppose to be only if you were financially effected due to Covid and you can prove that. Here is the CDC declaration form https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf.among other things it says.“I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses”So even if you have been financially effected do to Covid you should still attempt to make at least part payments. You should of course have talked to your landlord and supplied proof you were financially effected do to Covid as soon as you knew there was going to be an issue.Now the specific laws vary between states and even counties but generally if you break any other part of your lease you can be evicted do to that.

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