Acacia Morton-Mack received a notice to vacate her home on August 4th for non-payment of rent — despite repeated attempts to pay it. “I have proof that I made the payment on my end,” Morton-Mack told WSB-TV 2 (Channel 2 Action News) in Atlanta.
With the eviction deadline looming, she’s turned to her local news station for help — a worst-case scenario for any tenant, especially a parent.
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The problem isn’t non-payment, it’s a clerical error
The problems started for Morton-Mack after her property management company, Mynd Properties, made a clerical error that disrupted her rent payments.
She uses a third-party rental loan platform to split her rent into two monthly payments. But in May and June, after she sent her payments, they were returned because Mynd never submitted the necessary documents to her platform.
“I know I’ve been doing my due diligence,” she told Channel 2 Action News. “Mynd never sent their ledger.”
Eviction notices despite a payment plan
Morton-Mack says Mynd acknowledged the error in writing via email and committed to investigating the issue. On July 23, Mynd agreed to honor a split payment plan to help her catch up: $500 installments toward the $1,405 balance she owed.
But since then, she claims the company has gone silent — and her payments still aren’t being processed in Mynd’s system.
“I’m doing my best to make a living, and this is extremely stressful,” she told reporters.
Since May, multiple eviction notices have been taped to her door, leaving her life in limbo despite her documented payment attempts. Channel 2 Action News attempted to contact Mynd Properties through email and by visiting their Atlanta office, but received no response.
The situation highlights the vulnerabilities tenants face when dealing with third-party payment systems and property management companies, particularly when communication breaks down.
Landlords cannot legally evict a tenant without a court order in Georgia.
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Can you fight a wrongful eviction?
When facing a legal eviction warrant, tenants can file an “answer” within seven days of service (extended if the seventh day falls on a weekend or holiday).
Answers can be filed in person at the courthouse or online. Filing an answer allows you to remain in the property during the trial process — but if ordered to pay rent into court and you fail to do so, you may be evicted before your hearing through a writ of possession.
Georgia courts generally recognize that tenants should not be penalized for administrative errors beyond their control. Because of this, Peach State residents, like Morton-Mack, could fight the eviction using a lawyer. To use this defense effectively:
Immediately document any errors upon discovery.
Maintain records, including all payment attempts, all communications regarding the error, the name of anyone you speak with, the date of that conversation, and any bank statement proving your claim.
Make good-faith efforts to continue paying, including offering payment through verifiable means.
If you’ve made any payments after the eviction notice is filed, this may invalidate the eviction case and require the landlord to restart the process.
The federal government also provides some protections against wrongful eviction. If you believe the eviction is discriminatory or retaliatory, federal fair housing laws provide additional protections.
Resources for tenants facing wrongful eviction
Tenants like Morton-Mack can seek assistance through local legal aid organizations. The Atlanta Legal Aid Society offers free legal services to qualifying low-income residents facing eviction. Their Eviction Prevention Initiative (EPI) has helped distribute over $23 million in rental assistance to Atlanta-area families since 2023.
Additionally, the federal Eviction Protection Grant Program funds legal services organizations that provide assistance at no cost to low-income tenants facing eviction. According to recent data, more than 80 percent of tenant households receiving extensive legal representation were able to preserve their tenancy, prevent eviction filings, or negotiate favorable settlements.
When facing an eviction notice, experts recommend speaking with the court clerk to understand your rights, including how long you have to file an answer and whether the court offers mediation services. Some judges may delay or dismiss an eviction when presented with evidence that the tenant is actively seeking assistance and working to resolve payment issues.
Bottom line: If your landlord refuses rent payments or a clerical error threatens your housing, act fast — document all communications, apply for rent assistance if available, file an answer in court, and connect with local legal aid to protect your rights.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
