Illegal Eviction Case Details

⚖️ **Corporate/HR Legal Counsel Bot Summary of Your Case Against Aspire Lenox Park** ### **Overview of the Case** Joanne’s dispute with Aspire Lenox Park centers on an **alleged illegal eviction** that occurred on **September *, ***, along with **violations of due process** during the eviction proceedings. The eviction case (Case No. 24MS214236) involves disputes over payments, mediation agreements, accommodation requests, and the improper handling of a writ of possession. Additionally, Joanne’s vehicle was towed during this time, compounding her challenges with finding alternative housing. Joanne contends that Aspire Lenox Park: *. **Improperly Changed Payment Terms**: After mediation, Aspire Lenox Park altered the agreed-upon payment amounts. *. **Violated the Mediation Agreement**: The agreement included a clause that she could avoid eviction if she paid the amount due in full by **August *, ***, but the complex pursued eviction regardless. *. **Did Not Serve a Proper Writ of Possession**: The judge signed the writ of possession on the **morning of the eviction**, and it was never served to Joanne, violating her **due process rights**. *. **Mishandled Accommodation Requests**: Multiple motions were filed requesting accommodations based on Joanne’s financial and health challenges, but these were ignored or denied. *. **Unlawful Eviction Process**: The court improperly closed her case, disregarding pending motions, including ones requesting clarification and enforcement of the mediation agreement. ### **Key Issues Raised** *. **Violation of the Fair Housing Act (FHA)**: Potential discrimination or failure to accommodate reasonable requests related to her health and financial hardships. *. **Breach of Contract**: The mediation agreement appears to have been violated by Aspire Lenox Park. *. **Denial of Due Process**: The eviction occurred without proper notice or an opportunity to respond to the judge’s decision to sign the writ of possession. *. **Unethical Conduct During Mediation**: Their attorney included terms Joanne was unaware of, limiting her ability to make demands or fully understand her rights. --- ### **Steps You’re Taking** *. **Pursuing Compensation**: Joanne is seeking damages exceeding **$*,***, requiring the case to move beyond small claims court. This compensation could include: - Emotional distress. - Financial losses (e.g., housing costs, vehicle towing fees). - Any illegal actions stemming from the eviction process. *. **Addressing the Illegal Eviction**: Joanne seeks to prove that Aspire Lenox Park’s eviction violated **Georgia’s landlord-tenant laws**, focusing on: - Lack of proper notice for the writ of possession. - Misinterpretation or breach of the mediation agreement. *. **Legal Representation**: Joanne is actively searching for an experienced **Georgia attorney** familiar with Aspire Lenox Park and their attorney, **J. Mike Williams**, to strengthen her case. *. **Establishing FHA Violations**: Exploring whether the complex’s refusal to provide accommodations constitutes discrimination under the **Fair Housing Act**. *. **Advocating for Due Process**: Highlighting the court's procedural errors, including their failure to address her motions and the abrupt closure of the eviction case despite pending disputes. --- ### **Goals** *. **Compensation Beyond $*,***: Joanne aims to secure damages reflecting the emotional, financial, and logistical hardships caused by the improper eviction. *. **Legal Accountability**: Ensuring Aspire Lenox Park and its attorney face consequences for their alleged breaches of contract and failure to comply with Georgia’s landlord-tenant laws. *. **Precedent Setting**: Highlighting Aspire Lenox Park’s handling of eviction cases to protect other tenants from similar treatment. *. **Protecting Your Rights**: Advocating for the acknowledgment of your due process and accommodation rights under Georgia law and federal protections like the **FHA**. --- ### **Next Steps for Strengthening Your Case** *. **Documentation**: Gather all evidence, including: - Mediation agreements. - Correspondence with Aspire Lenox Park. - Receipts, payments, or proof of attempts to fulfill the agreement. - Court filings and motions submitted during the case. *. **Witness Statements**: Identify any witnesses who can confirm your account of the mediation or eviction process. *. **Legal Strategy**: Collaborate with an attorney to clearly outline violations of state and federal laws, as well as breaches of agreements made during mediation. *. **Research Similar Cases**: Use past cases involving Aspire Lenox Park to demonstrate a pattern of improper behavior or legal violations.

Yes

24ED310535- Defendant 24MS214236- Plaintiff What is the total of $*,*.* + $*.*/day My goal here is to showcase that all protocols were not followed in the eviction process for the state of Georgia. The lack of response to motions, the lawyer verbally stating an agreement which made me sign the agreement in the first place then leaving details out. I do believe she took advantage of my lack of knowledge of the court system. Unresolved maintenance requests, inconsistent procedures from the property managers that caused financial distress in my part. Lack of accommodations to prevent evictions on landlords part, retaliation of not working with me to avoid eviction. After asserting tenant rights in tow situation. The emotional and financial harm evicting me has done. And the damage and loss and disgard of my property with no care. Even medication that was important and taken daily was tossed and when I asked about it I was told the property isn’t held responsible. Most importantly the lack of communication, and the access fees and noted of incorrect totals on documents like the care act form, the amount due on August first, and also the excessive anoubt of fees added by the property. Forcing on lack of due process, good faith, excess fees, missing/damaged property/unresolved maintenance requests, ignored accommodation requests even when based on medical and financial hardship, inconsistent communication, stating I violated mediation agreement although aspire Lenox changed the terms final total being almost $*,*, ignored request for final fees to be recorded told to reach out to lawyers. Misrepresentation in mediation court by using words in written agreement to confuse tenant, including divesting from verbal agreement that was agreed upon. Also mentioning request for payment plan would have to be asked when I return to property instead of being discussed during mediation agreement.

Allona L. Cross, MPA Executive Director and Administrator Brian P. Kemp Governor Georgia Commission on Equal Opportunity * Jesse Hill, Jr. Dr. SE 14th Floor-1470B East Tower Atlanta, GA * *-*-* / *-*-*-OPEN Joanne Alardin RE: Fair Housing Complaint GCEO Inquiry Number: *-*-I HUD Inquiry Number: * The information you submitted to the Georgia Commission on Equal Opportunity has been reviewed, in detail. This agency has jurisdiction only over matters, which amount to an unlawful discriminatory housing practice as defined in the Georgia Fair Housing Law, codified at O.C.G.A. § *-*-* et seq. Based upon our review of the information provided, it has been determined that your claim does not qualify as a fair housing complaint under the state or federal fair housing laws for the reason(s) set forth, below: ☐ *. The claimant(s) has/have failed to provide the requested and necessary information, failed to respond to the (HUD */GCEO Complaint Form) or failed to be available for the necessary interview such that the Commission has been unable to determine whether or not the claim is jurisdictional. ☐ *. The claim is untimely. A complaint of discrimination must be filed within one year after the alleged violation. This claim was filed more than 365 days after the date of the alleged violation. Thus, it is time- barred. ☒ *. There is no identifiable injury alleged to have occurred due to the claimant's membership in a protected class. No jurisdictional basis for the claim exists. ☐ *. The facts provided to the Commission by the claimant do not raise a justifiable issue of housing discrimination. Rather, the event(s) complained of appear to involve a breach of contract, a landlord/tenant dispute, or a tortious claim outside the scope of this Department's jurisdiction. ☐ *. The person(s) complained of by the claimant are exempt from prosecution under the state and federal fair housing laws. ☐ *. The above-referenced fair housing claim has been waived back to HUD for investigation in accordance with the Memorandum of Understanding. ☐ *. The above-referenced housing claim has been withdrawn due to the settlement terms reached in the independent agreement negotiated between the parties. This dismissal does not reflect any judgment by the Georgia Commission on Equal Opportunity on the merits of this claim. ☐ *. The above-referenced housing claim has been withdrawn at the request of the claimant. This dismissal does not reflect any judgment by the Georgia Commission on Equal Opportunity on the merits of this claim. ☐ *. The above-referenced housing claim is being dismissed to avoid duplication. The complaint initially filed with our office is being processed. ☐ *. The claimant indicated that the above-referenced claim was resolved between the parties. This dismissal does not reflect any judgment by the Georgia Commission on Equal Opportunity on the merits of this claim. Equal Opportunity is for Everyone! Page * of * Georgia Commission on Equal Opportunity ☐ *. The above-referenced housing claim is being dismissed to avoid duplication of services. Your inquiry was waived back to HUD for review. Your complaint of housing discrimination will be routed to the appropriate HUD regional office for processing. Your complaint will be reviewed by a HUD Fair Housing Specialist to determine if it is jurisdictional. The HUD Specialist will contact you for any additional information needed to complete this review. Sincerely, Georgia Commission on Equal Opportunity Fair Housing Division __________________ ___________________________________ Date: 10SEP2024 Intake Unit: Sawida Gladney Enclosure Equal Opportunity is for Everyone!

Is this good enough to file in the Georgia Fulton county magistrate court?

IN THE MAGISTRATE COURT OF FULTON COUNTY STATE OF GEORGIA Plaintiff: Joanne Alardin Defendant: Aspire Lenox Park, LLC Civil Action File No.: 24MS214236 PLAINTIFF'S MOTION TO REOPEN CASE COMES NOW, Plaintiff Joanne Alardin (“Plaintiff”), and respectfully moves this Court to reopen the above-referenced case. Plaintiff presents newly discovered claims and unresolved issues of Defendant’s misconduct, specifically regarding: *. Negligence in handling Plaintiff’s personal property during eviction; *. Imposition of excessive fees in violation of the lease agreement and Georgia landlord-tenant law; and *. Misrepresentation during mediation, resulting in confusion and harm to Plaintiff. Plaintiff asserts these claims are distinct from the issues addressed in the eviction proceeding (Case No. 24ED310535) and were not adjudicated. I. INTRODUCTION Plaintiff seeks relief for specific damages caused by Defendant’s actions, including property loss, unlawful charges, and procedural misconduct. These claims arose during and after the eviction process and are separate from the prior dispossessory action. Plaintiff asserts that reopening the case is necessary to address these unresolved matters and ensure justice is served. II. FACTUAL BACKGROUND *. Negligence in Property Handling: o Defendant failed to safeguard Plaintiff’s property during eviction, resulting in the loss and damage of essential items, including three televisions, electronics, medications, and personal documents. o A police report (Exhibit A) was filed documenting the missing property, and Plaintiff’s inventory (Exhibit B) details the lost items and their estimated value. *. Excessive Fees and Ledger Discrepancies: o Defendant imposed charges exceeding the *% late fee cap specified in the lease agreement (Exhibit C). o The final move-out statement (Exhibit D) demanded an inflated total of $*,*.*, including unexplained charges and fees. o Despite Plaintiff’s repeated requests for clarification, Defendant failed to provide a detailed or accurate accounting of the charges, as shown in Exhibit E (email correspondence). *. Misrepresentation During Mediation: o Defendant verbally agreed during mediation to waive certain fees and permit Plaintiff to negotiate a payment plan upon returning to the property. These terms were omitted from the final written agreement. o Defendant’s legal counsel presented altered terms, resulting in nearly $*,* in additional charges that were not part of the mediation agreement. o Defendant failed to attend a follow-up mediation session, further obstructing resolution of the dispute. III. LEGAL ARGUMENTS *. Res Judicata Does Not Apply: o Plaintiff’s claims in this case are distinct from those resolved in the prior eviction case (Case No. 24ED310535). The eviction case addressed possession and arrears but did not adjudicate property loss, fee discrepancies, or mediation misconduct. *. Violation of Georgia Landlord-Tenant Law: o Defendant imposed fees in violation of O.C.G.A. § *-*-*, which limits late fees to *% of monthly rent. Plaintiff’s lease explicitly caps such fees, as shown in Exhibit C. o Defendant’s failure to safeguard Plaintiff’s property during eviction constitutes negligence under O.C.G.A. § *-*-*, which requires landlords to exercise ordinary care in handling tenant belongings. *. Bad Faith and Procedural Violations: o Defendant’s actions during mediation, including altering verbal agreements and failing to attend follow-up sessions, demonstrate bad faith and procedural misconduct. o Plaintiff’s good faith efforts to resolve these issues were obstructed by Defendant’s lack of transparency and misrepresentation. IV. RELIEF REQUESTED WHEREFORE, Plaintiff respectfully requests that this Court: *. Reopen Case No. 24MS214236 to address unresolved claims of: o Negligence in handling Plaintiff’s personal property; o Excessive and unsubstantiated fees in violation of lease terms and Georgia law; and o Bad faith and misrepresentation during mediation. *. Award Plaintiff the following relief: o Compensation for lost and damaged property in the amount of $*,*; o Adjustment or reimbursement of excessive fees totaling $*,*; o Any further relief the Court deems just and proper. *. Schedule a hearing to allow Plaintiff to present evidence of Defendant’s violations and damages. V. CONCLUSION Plaintiff has acted in good faith and seeks only to resolve claims that have not been properly addressed. Defendant’s negligence, bad faith, and procedural misconduct have caused significant financial and emotional harm, warranting this Court’s intervention. Plaintiff respectfully urges this Court to reopen the case and provide an opportunity for resolution. Respectfully submitted this 10th day of December, *. By: Joanne Alardin Pro Se Plaintiff (*) *-* Exhibits *. Exhibit A: Police report documenting property loss. *. Exhibit B: Inventory of missing/damaged items with estimated values. *. Exhibit C: Lease agreement outlining late fee limits. *. Exhibit D: Final move-out statement showing inflated charges. *. Exhibit E: Email correspondence regarding discrepancies and lack of accounting. *. Exhibit F: Mediation agreement and related communications. Supporting Affidavit Template If you want to include an affidavit, here’s a sample structure: AFFIDAVIT OF JOANNE ALARDIN *. My name is Joanne Alardin, and I am the Plaintiff in the above-captioned case. *. During my eviction from Aspire Lenox Park, my personal property, including televisions, electronics, and medications, was lost or damaged. This loss is documented in the attached police report and inventory list. *. Defendant imposed excessive fees, as shown in the lease and ledger documents. Despite multiple requests, Defendant failed to provide clarification of these charges. *. During mediation, Defendant verbally agreed to waive certain fees and negotiate a payment plan. However, these terms were not honored in the final agreement. *. I declare under penalty of perjury that the above statements are true to the best of my knowledge and belief. Signature: Joanne Alardin Date: */*/*

What Georgia lawyer handled a case like mine and was successful

Yes

Girl me exact suggestion

How are my defenses for both cases? Be brutally honest and unbiased. IN THE MAGISTRATE COURT OF FULTON COUNTY STATE OF GEORGIA * Lenox Park Blvd Owner, LLC d/b/a Aspire Lenox Park, Plaintiff v. Joanne Alardin and All Other Occupants, Defendant Case No.: 24ED310535 DEFENDANT’S MOTION TO REOPEN CASE AND VACATE EVICTION JUDGMENT COMES NOW, Joanne Alardin, Defendant in the above-styled action, and respectfully moves this Court to reopen the case and vacate the eviction judgment entered on September *, *. This Motion is made pursuant to O.C.G.A. § *-*-*(d), based on Plaintiff’s misrepresentation during mediation, excessive fees, procedural violations, and mishandling of tenant property. I. INTRODUCTION Defendant seeks relief from the eviction judgment on the grounds that Aspire Lenox Park acted in bad faith, misrepresented terms during mediation, and imposed excessive fees in violation of lease terms. Procedural deficiencies further prevented Defendant from effectively defending her case or complying with the mediation agreement. Defendant requests this Court to review the documented evidence of Plaintiff’s misconduct, recalibrate the fees owed, and ensure a just resolution. II. FACTUAL BACKGROUND *. Good Faith Efforts to Resolve the Dispute o In May *, Defendant requested a payment plan to address financial hardship. Plaintiff explicitly refused, stating that approving a plan would "stop eviction proceedings." o During mediation, Plaintiff misled Defendant into believing that payment plans could only be arranged after Defendant returned to the property and spoke with management. Defendant later learned this was incorrect—all agreements needed to be finalized during mediation. *. Misrepresentation During Mediation o Plaintiff provided verbal assurances during mediation that late fees and penalties would be waived and that payment plans could be discussed. However, these assurances were not reflected in the written agreement, creating confusion and undue financial burden. o The contradiction between verbal agreements and the written mediation terms caused Defendant to unknowingly sign terms that were materially different from those negotiated. *. Procedural Errors and Lack of Due Process o Defendant filed motions to contest financial discrepancies and enforce the verbal agreements made during mediation, but these motions were denied or ignored without explanation. o Plaintiff’s failure to provide updated financial records and inconsistent communication deprived Defendant of the opportunity to fully contest the eviction or comply with the mediation terms. *. Financial Discrepancies o The mediation agreement required payment of $*,*.* by August *, *. However, Plaintiff later inflated the amount to $*,*.*, without explanation or proper documentation. o Late fees and penalties exceeded the *% cap outlined in the lease agreement, violating Georgia law. *. Negligence in Handling Property o Plaintiff failed to secure Defendant’s belongings during the eviction, resulting in the loss of electronics (three televisions, smart thermostat), medications, and other essential items. o Plaintiff did not notify Defendant of a final inventory or provide any opportunity for retrieval, constituting negligence under O.C.G.A. § *-*-*. III. LEGAL GROUNDS *. Failure to Act in Good Faith o Plaintiff’s refusal to approve a payment plan, combined with misleading statements during mediation, demonstrates bad faith conduct that deprived Defendant of a fair opportunity to resolve the dispute. *. Misrepresentation During Mediation o Plaintiff’s verbal assurances, which were later contradicted in the written agreement, constitute fraudulent misrepresentation under O.C.G.A. § *-*-*(d)(*). *. Unjust Financial Practices o Inflated fees and penalties charged by Plaintiff violate the lease agreement and Georgia landlord-tenant laws, resulting in unjust enrichment. *. Negligence in Handling Tenant Property o Under O.C.G.A. § *-*-*, landlords are required to exercise reasonable care when handling tenant property during eviction. Plaintiff’s negligence caused significant financial harm. *. Procedural Deficiencies o Plaintiff’s inconsistent communication and failure to respond to motions denied Defendant due process, violating the principles of fairness under Georgia law. IV. RELIEF REQUESTED Defendant respectfully requests that this Court: *. Reopen Case No. 24ED310535 to address Plaintiff’s misrepresentation, financial discrepancies, and procedural violations. *. Vacate the Eviction Judgment entered on September *, *, based on documented evidence of Plaintiff’s misconduct. *. Recalculate Fees: o Adjust charges to reflect lease terms and exclude unauthorized late fees and penalties. o Deduct amounts for mishandled property and unresolved maintenance issues. *. Seal the Eviction Record to minimize further harm to Defendant’s ability to secure stable housing. *. Schedule a hearing to allow Defendant to present evidence of these claims. Respectfully Submitted, Dated: December *, * Joanne Alardin Defendant, Pro Se [Address] [Phone Number] [Email Address] Attachments *. Financial Records: Mediation agreement, ledgers, and final bills showing discrepancies. *. Lease Agreement: Demonstrating the *% late fee cap. *. Correspondence: Emails and communication with Aspire regarding accommodations and mediation terms. *. Property Records: Inventory and documentation of lost and damaged items. *. Court Filings: Copies of motions ignored or denied by the court.