Each year in Fulton County, Georgia, landlords initiate more than 45,000 Proceedings Against Tenant Holding Over, also known as eviction or dispossessory warrants. Through this process, a landlord may seek possession of rented premises and a money judgment for unpaid rent. Tenants have seven days from the date they are served with the warrant to file an answer contesting the claim, and are assigned a court date, usually seven to ten days thereafter, at the time that the answer is filed.

Frequently, the landlord has a lawyer. Almost always, the tenant does not. Tenants face two disadvantages. They may not know landlord tenant law or any of the legal defenses or claims available to them. Tenants are also unfamiliar with the court process, which tends to move quickly.

The Atlanta Volunteer Lawyers Foundation has joined forces with the Atlanta Legal Aid Society (ALAS) and Atlanta law firms to establish the Eviction Defense Program. Through this program, tenants in imminent danger of losing their homes are offered free legal representation to respond to the claims of the landlord and to raise any affirmative claims they may have against the landlord.

Potential clients are screened by AVLF and ALAS, then assigned to a volunteer attorney. Client and attorney speak in anticipation of trial and then meet on the day of trial to finish preparation. The attorney represents the tenants in the obligatory mediation and, if necessary, the hearing that would take place after unsuccessful mediation. The representation is concluded at the end of the mediation or hearing.

The program has been an enormous success. Tenants who otherwise would have no access to an attorney now get the very real benefit of the advice of counsel before trial and the active, zealous representation of an attorney during the court process. The program has generated a noticeable and material change in the outcome of cases for clients: participants estimate that 90% of the Eviction Defense Program cases are settled or resolved in favor of the tenant. This program has also increased awareness of tenants' rights to all court participants. Attorneys get valuable experience in client management and litigation.

Pioneered by volunteer lawyers from the firm of King & Spalding, the Eviction Defense Program is now also staffed by volunteers from the firm of Troutman Sanders, Carlton Fields and Seyfarth Shaw. Additional individual lawyers and law firms are welcome. Please contact AVLF (404-521-0790) to volunteer or if you would like more information.