Vietnam veteran says Kennesaw hotel evicting him illegally

Apr. 8—KENNESAW — Vietnam veteran Alan Mitchell, 79, was served an eviction notice a week ago.

He said the Extended Stay America Kennesaw-Chastain on Busbee Drive wants him gone.

"I have been living at Extended Stay America in Kennesaw for 20 months," Mitchell said. "That makes me a tenant-at-will, which gives me certain rights, including the right to receive 60 days' notice before any rent increases."

Mitchell said his original rent started at $46.79 a day in 2020, then went to $48.29 before they increased it again on January 6, 2022, to a rate of $53.19 a day.

On March 24, 2022, he said his rent increased to $68.39 a day and then to a rate of $70.19 a day on April 24, 2022,

"I protested to the manager, citing the law, and all she and her assistant could say is, 'We are a hotel,' like a broken record," Mitchell said. "I contacted their guest relations department, which I learned just circles around to the manager before I attempted to reach the district manager and never received a response."

Mitchell likes living in the studio-like room with utilities included, and said the rates are better than an apartment.

"I always paid my rent on time," Mitchell said. "I have been trying to resolve the situation for well over a year with absolutely no response from Extended Stay America Management. They have raised my rent over $800 in fewer than five months without giving me 60 days' notice for any of the increases."

Mitchell said he offered to pay the balance due based on lawful rates plus one month's rent in advance.

"I asked them to review my accounting and nightly rate to let me know specifically what they disagreed with," Mitchell said. "Instead, they doubled down on me agreeing to their terms and conditions which I had never seen until now. I should have the right to pay my back rent for up to seven days from the time I received the summons until I answer. With all the unlawful increases, there is no way I can do that."

Hotel management did not respond to the MDJ's requests for comment.

Mitchell said he would like to continue to stay at the hotel until the end of the year so he can find a long-term housing solution.

Born in Brooklyn, he has lived in the Atlanta area since 1974. Mitchell was drafted into the Army in 1967 and left for Vietnam in April of 1968 as part of the 684th Artillery.

When he landed at a fire base, the first thing he was told was to dig a fox hole and fill sandbags.

"The first two weeks we were there at the home fire base, it felt like we were in control, helicopters everywhere," Mitchell said. "I was thinking this was going to be a cake walk. It wasn't going to be as bad as I thought it was going to be."

During his second week, the base was attacked by mortars.

"I heard a round go over our heads and I was thinking, well, it's just one of our guys shooting," Mitchell said. "Then I heard another one and an explosion close by. I put on my flack jacket, grabbed my rifle, ran out of the tent and started heading toward my fox hole. Everybody was running around in their white T-shirts. When the smoked cleared, there were so many wounded and killed it was unbelievable. They were almost all direct hits on the tents. So, I was probably about 10 seconds away from dying."

Mitchell was diagnosed with PTSD and receives a 100% disability rating from the United States Veterans Administration, he said. Though not in financial hardship, Mitchell has a fixed income and cannot keep up with the rapid rate increases at the hotel.

"I started a group called Vets First Atlanta a while back to help veterans get off the streets and into a place to live," Mitchell said. "I never expected to be homeless myself. If the court evicts me and ruins my credit, that may happen."

His hearing in the Magistrate Court of Cobb County is scheduled for 9 a.m. on May 19.