Protests over controversial evictions have occurred across metro Atlanta recently, and local tenant attorneys say Black Georgians make up the majority of those involved in cases they encounter in court.
Many renters who receive troubling calls or letters from their landlords move out prematurely when they should fight back, according to tenant attorney Michael Lucas, executive director of the Atlanta Volunteer Lawyers Association.
“Plenty of people, because of survival mode, stress, or a sense of overwhelming crisis, simply leave because a landlord said so,” Lucas told Capital B Atlanta during a recent phone interview. “They fear contesting [their eviction] won’t get anywhere, and we talk to them too late.”
Some tenants bail at the first sign of trouble with their landlord without ever receiving an eviction notice, fearing a legal battle could have long-term consequences, according to civil rights attorney Wingo Smith, treasurer and board member for the Housing Justice League, a nonprofit that advocates on behalf of low-income tenants in the Atlanta region.
“Everyone gets worried that if you fight to preserve your right to finish out your lease, the landlord is going to file a frivolous eviction that’s going to stay on your record and make it harder for you when you try to move to the next place,” Smith told Capital B Atlanta. “You shouldn’t have to worry about [a wrongful eviction hitting] your credit report, and then you can’t find a place to stay.”
Georgia remains one of the least tenant-friendly states in the nation, placing 43rd out of 50, according to a Consumer Affairs report. The state didn’t establish basic standards for human habitation for rental properties until last year, when Gov. Brian Kemp signed the Safe at Home Act into law.
But Lucas, Smith, and other experts say renters who feel they’re being evicted unfairly should still take steps to ensure their rights aren’t being violated.
Legal and illegal reasons for eviction in Georgia
State law allows landlords to evict tenants for three main reasons: unpaid rent, continuing to live in a unit after a lease has expired, and violating the terms of a lease, according to Maggie Kinnear, senior attorney for the Atlanta Legal Aid Society.
Typical lease violations include damaging property, owning pets, and allowing someone else to live in a rental unit without the owner’s permission.
Kinnear said in extreme cases, landlords in Georgia may change locks and board up properties to illegally evict tenants without going through the court process.
It’s also common for property owners to refuse rent from tenants they want to remove to justify filing bogus eviction cases.
“A tenant can certainly contest the landlord’s grounds [for eviction],” Kinnear said. “The tenant can say, ‘I tried to pay and my landlord wouldn’t accept it.’”
What happens if your apartment complex is sold
Tenants at rental properties that have been sold to new owners are often confused about what to do when they receive notice about the pending transaction. Lucas said there’s not a lot tenants can do if a new property owner refuses to renew an expired lease, but renters in such situations still have due process rights.
“That landlord ultimately has to initiate a legal process in order to have you go,” he said.
Landlords who acquire rental properties must still honor active lease agreements, though some leases include provisions allowing early termination if a property sale closes. Kinnear said landlords must give tenants 60 days notice if a lease is being terminated due to a property being sold or shut down, unless the lease specifies different terms.
“That is the default rule in Georgia,” she said. “If the lease says something different, then they have to follow what’s in the lease.”
“There is no circumstance where a landlord can just take matters into their own hands outside of the legal process and put you out,” he said.
What to do if police show up to evict you
It’s typically county sheriff’s deputies who enforce eviction filings by forcing renters to vacate properties, removing their belongings and putting them outside. Kinnear said having an officer show up at your home to put you out can be an embarrassing and emotional experience, but it’s important to remain calm and gather important documents and valuables to ensure they’re not lost or stolen.
“It’s going to be a lot better if you can clearly think,” she said. “Try to remain as calm as possible and ask the law enforcement officer to show the paperwork they have.”
There are two primary reasons for an officer to show up to enforce an eviction, according to Kinnear: Either a landlord has told police the occupant is a squatter, or a “writ of dispossession” has been issued by a court.
When renters have been falsely accused of squatting, they can show their signed lease agreement or other proof that they’re a lawful occupant, which may dissuade an officer from pursuing an eviction.
When a court order has been issued, however, Kinnear said it’s unlikely a tenant will convince an officer not to kick them out.
“Most likely, the eviction is going to happen when they show up,” she said. “If they have reason to say there’s not correct information in this court order, then [officers] may decide this needs to go back to the court and not proceed with the eviction today.”
Why you need to document everything
Lucas said tenants whose landlords refuse to accept their monthly rent payments should keep records of their attempts to pay and be prepared to pay the full balance when they go to court.
“If you have offered [rent] in full and offered it on time, the landlord has to accept that,” Lucas said. “Document the best way you can that you have attempted to pay that rent, whether that is a series of writings or emails, something where you retain a copy.”
Why you must show up for all court hearings
Tenants who’ve received an eviction notice have seven days from the day they’re served to file an answer with the court, according to Kinnear, who said it’s common for renters to be absent from hearings, which can result in landlords receiving an uncontested victory.
“You should go in person to the courthouse,” she said. “If you’re not sure what exactly to say, at least say that you’re disputing this.”
When to get an attorney
Low-income renters often can’t afford to hire a lawyer to help them fight an eviction. Lucas and Kinnear said that’s why groups like the Atlanta Volunteer Lawyers Foundation and the Atlanta Legal Aid Society exist. Both organizations offer free legal counsel to qualifying tenants in need. The Legal Aid Society also refers people to the Georgia Department of Community Affairs’ rental assistance program, though that program is scheduled to expire this summer.
“I’ve given a lot of support to tenants’ rights and the enforcement thereof,” Lucas said. “You often need access to counsel to be able to enforce those rights, to make them real, and that takes resources.”
