What is the Georgia Eviction Moratorium?
The Eviction Moratorium is a ban on evictions in the state of Georgia to give relief to renters during the Covid-19 pandemic. As most people know, the mortarium on evictions was extended to December 31, 2020. If you a residential renter (home, apartment, condominium, townhouse) and are struggling with finances, then you may be worried about eviction.
The ban on evictions in Georgia is set to expire on December 31, 2020.
If you are behind on your rent come the new year, then your landlord may have the right to evict you. Georgia law allows a landlord to evict a tenant for not paying rent on time. You must give the tenant notice that rent is due and the tenant must refuse to pay the rent before you can file an eviction writ with the Magistrate Court. The eviction process will no doubt have a negative impact on the tenant’s credit, and he or she may not qualify to rent elsewhere.
Bankruptcy can Save you From Eviction
If a tenant files for bankruptcy prior to the entry of an eviction order, then a landlord is stayed from evicting the tenant. Timing is the most important aspect of the process because up until this point, your landlord had no legal recourse. With the lift of the ban, your landlord will most certainly be preparing to have you legally evicted if all other attempts for payment have failed. It is important to understand the process of curing the eviction through bankruptcy and the protection you will immediately receive with what is called the “automatic stay” once you file for bankruptcy.
A tenant must file for bankruptcy protection prior to the entry of the eviction order. If the tenant fails to do so, a bankruptcy filing will be of no significance. The chapter of bankruptcy will determine what happens on the back side of filing. If a tenant’s goal is to remain in the property for the balance of the lease term, they will want to file a Chapter 13 Bankruptcy.
A Chapter 13 Bankruptcy will allow the tenant to cure the lease arrearage through a Chapter 13 Plan. The Bankruptcy rules will allow the tenant to cure these arrears over a “reasonable period of time.”
While Georgia law allows a landlord to refuse late rental payments that could cure an eviction, the landlord may simply agree to accept payment and allow the tenant to stay.
Automatic Stay Protection
Once the bankruptcy is filed, you will be immediately under protection from the automatic stay. A landlord is prevented from continuing with the eviction process in Magistrate Court if the tenant has filed for bankruptcy. The landlord must seek relief from the bankruptcy stay in order to proceed with the eviction in the Magistrate Court.
There are several criteria that a landlord must meet in order to obtain relief from the bankruptcy court. However, provided that the Chapter 13 plan is filed in good faith, and provides for the curing of the arrearage in a reasonable time, the tenant can expect the bankruptcy stay to remain in place.
If you are facing eviction in Georgia, then you need to speak with Attorney Matthew Cherney of Cherney Law Firm. He is dedicated to helping tenants just like you avoid eviction, and get you through your bankruptcy seamlessly. Contact Cherney Law Firm today for more information!
During these uncertain times, we are pleased to announce that we are offering FREE VIDEO COSULTATIONS. In addition to that, it is now possible to file for bankruptcy from the safety of your own home.