Ga. Unif. R. Mag. Ct. 46

As amended through October 9, 2024

Rule 46 - Emergency Dispossessory

(A) A landlord who files a dispossessory before August 25, 2020 under OCGA § 44-7-50(a) seeking possession of a residential premises for nonpayment of rent shall submit verification, filed and served with the complaint, indicating whether the property is exempt from the moratorium provided for in the federal Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") (Public Law No. 116-136). In the event that the dispossessory action was filed prior to the enactment of this rule, the required verification shall be submitted to the court prior to or during the dispossessory hearing; if the tenant does not file an answer, the required verification shall be submitted prior to the writ of possession being issued.

(B) A landlord shall use the affidavit in this rule if the property is not defined as a "covered property" under section 4024(a) (2) of the CARES Act or otherwise exempt from the moratorium provided for in the CARES Act.

(C) If the property is a covered property, a landlord shall comply with the 30-day notice requirement contained within section 4024(c) of the CARES Act prior to filing any proceeding for nonpayment of rent pursuant to OCGA § 44-7-50. The required 30-day notice shall not be sent prior to July 26, 2020.

IN THE MAGISTRATE COURT OF __________ COUNTY

STATE OF GEORGIA

CARES ACT AFFIDAVIT

Case No._______________
______________________ Plaintiff	______________ Defendant(s)
_______________________ Address	______________ Property Address
_______________________ City State Zip	_______________________ City State Zip
_______________________ Email Address

Personally appeared before me, the undersigned officer, the Plaintiff, his agent or attorney who on oath deposes and says as follows:

(1) I am personally familiar with the residential property occupied by the Defendant, the Defendant's tenancy, the property's ownership, the financing arrangements and any and all liens that may exist on the property.

(2) The property is not a "covered property" as defined by section 4024(a) (2) of the CARES Act, or the property is otherwise exempt from the moratorium imposed therein.

(3) It is not part of a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 USC § 12491(a) ) or the rural housing voucher program under section 542 of the Housing Act of 1949 ( 42 USC § 1490r ).

(4) There are no mortgages, deeds to secure debt, nor liens of any other sort which are made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the United States Government or in connection with a housing or urban development program administered by the U.S. Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.

(5) The debt on the property is not receiving a forbearance pursuant to section 4023 of the CARES Act.

(6) I swear under penalty of perjury that the above information is true and correct and made of my own personal knowledge. I understand further proof may be required at trial.

Sworn to /Subscribed/ filed before me

This__________ day of_______ ,__________.

This _________day of________ ,________ .

___________

Deputy Clerk/ Notary Public

___________

Attorney/ Owner/ Agent Phone#

Ga. Unif. R. Mag. Ct. 46

Adopted effective May 4, 2020.