The Atlanta Lawyer February 2018 | Page 16
shake and provide a safe space for
tenants to tell their story. Some
lost their job and are struggling
to catch up with their bills. Others
live in unimaginable living condi-
tions and decided to withhold rent
to get their landlord’s attention.
Regardless of the circumstance,
HCAC volunteers lend an ear, help
tenants file their answers, and pro-
vide limited assistance with case
preparation.
Tenants with viable defenses or
counterclaims often arrive at the
HCAC with a sense that something
unfair is happening, but without
the legal knowledge to identify it
as a defense or counterclaim. For
example, they might describe how
they have been trying to reach
their landlord for months about
a bug infestation but have not re-
ceived a response until the rent
was late. Or they wonder why they
were served with an eviction no-
tice when they made a payment
arrangement with the manager at
the rental office. Fifteen minutes
with a volunteer attorney can help
tenants recognize that their con-
cerns are, in fact, a viable defense
or counterclaim that should be
raised in their answer.
In October 2017, just after the
HCAC re-opened, an elderly
couple arrived looking for assis-
tance with a dispossessory claim
filed against them. The couple lost
their home in a flood, then lost the
last of their surviving possessions
when their storage facility became
infested with bedbugs. They were
living in a boarding house until
they landed on their feet, and they
just couldn’t take another setback.
They were under the impression
that they had to leave the day their
dispossessory answer was due, and
came to the HCAC prepared for
the worst.
After a brief meeting with an
HCAC volunteer, the couple
learned that they had options–
and had enough time to prepare
should the worst-case scenario
arise. They filed an answer and a
hearing was scheduled fifteen days
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ADF# DI1636.17
16
February 2018
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