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Georgia

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on October 5, 2020.

For more up-to-date information on the relief programs available in Georgia, we recommend that you visit the COVID-19: State Services in Georgia website, the Department of Public Health's COVID-19 Materials and Resources or the Department of Community Affairs' COVID-19 Resources.

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Description of Program and Relief

Moratorium on Residential Evictions for Nonpayment

In response to the COVID-19 public health crisis, the Magistrate Court of Fulton County, guided by an Order from the Centers for Disease Control and Prevention (CDC), has halted residential evictions for nonpayment of rent until December 31, 2020. Tenants are still required to pay rent during this period, and seek rental assistance if necessary. The Court’s temporary pause on hearings only applies to residential cases concerning non-payment of rent. Eviction hearings for all commercial cases and residential cases concerning tenants holding over, property destruction, alleged criminal activity, and others will continue to proceed.

Government or Lead Agency

Magistrate Court of Fulton County & Fulton County Marshall’s Office

Dates Available

Currently available through December 31, 2020.

Eligibility Requirements/Restrictions

Eligible Tenants must certify to the Landlord, the Owner of the residential property, or to anyone who has the right to evict or remove the tenant that:

  • Tenant has used best efforts to obtain all available government assistance for rent or housing;

  • Tenant expects to earn no more than $99,000 in annual income for 2020 (or no more than $198,000 if filing a joint tax return) or was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) under the CARES Act;

  • Tenant is unable to pay full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;

  • Tenant is using best efforts to make timely partial payments that are as close to the full payment as tenant’s circumstances may permit, taking into account other nondiscretionary expenses (such as unreimbursed medical expenses that are likely to exceed 7.5% of adjusted gross income for the year);

  • If evicted, tenant would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because tenant has no other available housing options (unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to tenant);

  • Tenant understands rent or housing payment must be made, and that tenant must comply with other obligations under their tenancy, lease agreement, or similar contract;

  • Tenant understands that fees, penalties, or interest for not paying rent or making a housing payment on time as required by tenancy, lease agreement, or similar contract may still be charged and collected;

  • Tenant understands that at the end of the temporary halt on evictions on December 31, 2020, housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make tenant subject to eviction pursuant to State and local laws.

Application Deadlines (If Applicable)

December 31, 2020.

Contact for More Information

Call the Fulton County Magistrate Clerk’s Office at (404) 613-5360. Contact the Fulton County Marshall’s Office at (404) 612-4451 or FCMD.Evictions@fultoncountyga.gov.

List of Additional Information

For the latest updates from the Magistrate Court of Fulton County, see here.

Read the Magistrate Court of Fulton County’s Landlord-Tenant Frequently Asked Questions (FAQ) During COVID-19 here.

Read the Centers for Disease Control and Prevention’s Order on the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 here.


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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