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Eviction Averted After First Moratorium Ended

Jane, a single mother with several young children, was served with an eviction notice in February. She had lost her job and had applied for but had not received any unemployment benefits and was awaiting her income tax refund.

Later, Jane was able to pay the past due rent. However, she did not answer the eviction action because she assumed that payment of the rent ended the eviction. Jane made several attempts to pay ongoing rent at the management office of her complex, but the office was closed due to the COVID 19 stay at home order.

The landlord did not move forward with the eviction action filed in February because of the Supreme Court’s issued moratorium. However, when that moratorium ended Jane received a certified letter from the landlord on July 31st advising her to move out of the property within 30 days. The eviction action from February had moved forward even though she had paid her back rent. Jane was unaware of this until she was served with a Writ of Ejectment, informing her that she had to be out of her home in three days.  Jane applied for legal services while in the process of packing her personal belongings. Not only would Jane lose her home, but she would also lose her Section 8 voucher if the eviction was ordered.

An SCLS attorney filed a motion to stay the eviction action. With the attorney’s assistance, the eviction case was dismissed by the Judge. Jane and her children were able to stay in their home and keep the Section 8 voucher. She has returned to work and is now able to pay her rent without difficulty.

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