Eviction Defenders: AVLF Client Wins $21,000 in Damages
ERICA TAYLOR | December 26, 2018
Conditions were so bad in Miriam’s home that her landlord told her to keep November’s rent and move elsewhere. When she failed to pay, he filed for an eviction.
Miriam first called our office in January of this year. She was two days away from an eviction hearing and had no idea what to do.
Miriam’s home was in complete disrepair. Her daughter had fallen through the floor because the floors were so weak. The home was completely covered in mold. She and her children were getting sick. The home also had a very severe rat infestation. (Miriam’s daughter had actually been bitten by a rat.) Miriam had lost almost all of her furniture to mold damage and rat damage.
Her daughter had fallen through the floor because the floors were so weak. The home was completely covered in mold.
Given the circumstances, Miriam’s landlord told her to keep November’s rent and use it to move to a healthier home. But when Miriam failed to pay in November, the landlord filed for an eviction.
There was not enough time to try to find an attorney to go with Miriam to court, so we walked her through how to represent herself.
Miriam seemed to have a solid case. A staff member from the mayor’s constituency officer had been a witness to the landlord telling Miriam to keep her rent money. A code enforcement officer has seen the conditions at her home. They had both agreed to provide testimony at court.
When she got to court, her witnesses had to leave before her case was called. She lost her case.
She called our office back, distraught. We have a policy of usually not helping with appeals cases. We just don’t have the resources. But in this situation, we made an exception and agreed to assist her.
When she got to court, her witnesses had to leave before her case was called. She lost her case.
We ordered a mold test for the property before she left, and we helped her relocate. We also connected her with the Furniture Bank and were able to get Miriam some furniture to help replace what she had lost. Even with the assistance of the Furniture Bank, however, her children did not have beds, and she still lost the majority of their clothes.
Miriam found out about her new court date only days before the hearing was scheduled. Our staff made the decision to intervene and to represent her, a choice we could only make in certain emergencies.
We were able to get Miriam a continuance and allow her more time to gather her evidence to prepare her case. I personally went to court with her. On the day of her actual hearing, the landlord did not show. We were able to put on evidence of the existence of mold and of the damage to her property. Miriam won $21,000.
With this money, Miriam will be able to replace the furniture she lost and help her kids pick up the pieces and pull their life back together.
How does pro bono work build a better lawyer? Check out Erica Taylor’s Letter from Leadership.
Erica Talor
Staff Attorney and Director of Saturday Laywer Program
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Erica is the staff attorney for the Saturday Lawyer Program, AVLF’s flagship program. She spends her days recruiting and supporting volunteer attorneys who represent clients with wage and housing claims.
Previously, Erica was an associate attorney at Thompson, Sweeny, Kinsinger & Pereira, P.C. in Lawrenceville, Georgia. Erica brings a wealth of experience to the position, as she previously practiced in probate law, estate law, elder law, family law, real estate law, zoning law, and local government. In addition to her legal work, she interned at the U.S. Department of Housing and Urban Development and the U.S. Department of Education, investigating discrimination claims. Erica holds a B.S. in psychology from Oglethorpe University and a J.D. from Mercer University.