AUSTELL, GA (CBS46) Fighting back the tears, Barbara Moment faced a judge in Cobb County Magistrate Court over a notice of eviction.
“I have been under so much stress and turmoil. My stomach is constantly in knots. Not knowing where you’re going to live especially when you’ve paid your rent,” Moment said. “It shouldn’t be that way and now I’m being harassed by the girl that used to work in the leasing office.”
She informed the court how she had been living with no heat in her Kingsley Village apartment for nearly a year. And when she complained to management she said they tried to evict her.
“For them to turn around and do these things it shouldn’t be legal, it really shouldn’t,” Moment said.
CBS46 first reported last week how code enforcement identified more than 80 violations at three complexes in Austell, owned by the same company. Those apartments are Kingsley Village, Hunter's Grove and Parkview.
Surprisingly, the attorney representing the complex in the courtroom withdrew from the case Friday just moments before the hearing.
“It says that they knew we had been mistreated. They knew it,” Moment said.
As a result, the judge dismissed her eviction and awarded her $15,000 in a counter claim for all her troubles.
“I’m just happy that Mrs. Moment got justice. It’s the justice she deserved. Perhaps this is a warning for the apartment complex that you need to stop doing this and make repairs for tenants,” Cobb Legal Aid Attorney Jennifer Yankulova.
"That was just weighing so heavy on me to pay rent for 13-years consistently and never be late one time and still worry about if you’re going to be evicted. That was just painful,” Moment said.
It's now up to Moment to collect the $15,000 judgement which could be a bit of a challenge. Our CBS46 investigation found that one of the apartment owners, Kerrison Chin, lives in Canada. While one of his attorneys withdrew today, we reached out to another and did receive a response.