An Atlanta-area family claims they were the victims of illegal eviction at gunpoint without a court order. The incident, which took place in DeKalb County, highlights a growing trend of unlawful evictions across the country since the end of the pandemic.
Cherise McMoore recounted her harrowing experience to WSB Channel 2, revealing how a leasing manager at the Cavalier at 100 Apartments in Stonecrest arrived at her unit accompanied by an armed DeKalb police officer.
The officer, who also serves as a courtesy officer for the property, allegedly pointed a gun at McMoore, demanding that she and her family leave immediately.
“As I opened the door and stepped out, I just saw a gun in my face,” McMoore said. “It was traumatizing. It really was.”
Despite complying with the officer’s commands, McMoore knew the eviction was illegal. “You’re telling us that we have to leave, on an eviction that hasn’t gone through,” she explained to WSB.
The McMoores eventually moved out after a $16,000 judgment was issued in favor of the apartment complex. However, the judgment stated it would be waived if they vacated the property, which they did. Yet, the presence of an officer with a rifle during the eviction left the family shaken and questioning the legality of the process.
McMoore recorded the ordeal on her cellphone, capturing the moment when the assistant manager declared, “I’m the assistant manager; locks have been changed.” The officer, although present with a long gun, denied pointing it at McMoore. In the video, he advised her that she could pursue legal action for wrongful eviction.
McMoore’s son, the leaseholder, admitted to falling behind on rent, but McMoore emphasized that they expected due process before any eviction. Court records revealed that an eviction order was approved in October 2023 but dismissed the following month. The complex refiled for eviction, but the case was dismissed again due to the absence of both attorneys and management in court.
Daniel Crumby, the attorney representing the family, asserted that no court order was on file at the time of the incident. “To be clear, their actions happened before the governor signed this new bill, empowering law enforcement to enforce criminal trespassing,” Crumby said, referencing a tenant protection bill signed by Georgia Gov. Brian Kemp in April.
The new law ensures homes are livable, extends the time tenants have to pay overdue rent, and caps security deposits. Erin Willoughby, an attorney for Atlanta Legal Aid, stated that landlords must follow due process regardless of tenant debt. “A landlord can’t simply decide that they don’t want you in their property anymore.”
Willoughby pointed out that only sheriff’s deputies or marshals have the legal authority to carry out evictions. “In order to actually set someone out from their property, a courtesy officer is never legally empowered to take that action,” she said.
Following the incident, McMoore filed a complaint against DeKalb Detective Winston Simms, leading to an internal affairs investigation. The findings found Simms violated department policies but did not find evidence that he pointed the rifle at McMoore. McMoore disputed the findings, insisting that the officer had the gun trained on her before she began filming.
Simms stated that management had requested his assistance to remove squatters and acknowledged he lacked the authority to perform evictions. The property’s corporate office later clarified that the action was not an eviction but an occupancy check, and the officer was merely ensuring the manager’s safety.
McMoore and her family’s ordeal underscores the importance of legal protections for tenants across the nation. As unlawful evictions rise, legal advocates stress the need for landlords to adhere to the law and for tenants to be aware of their rights.
Cherise McMoore’s case serves as a stark reminder of the devastating impacts incidents like these can have on families.
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