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Unlawful Eviction Action

In May, our client was served with a 30-day notice to terminate her lease. Upon review of the client’s documents, she had a lease through September, and she did not wish to terminate her lease early. She had not received any notices of any lease violations, but was aware that a particular neighbor was making frivolous complaints about her to the police and to the property manager. I called the property manager and informed him they had no right to terminate the lease early, and my client wanted to stay through the term of her lease. He did not appreciate being told he could not do what he wanted to do, and eventually hung up.

Because the phone call did not go well, I decided to send the property manager a fax to summarize our phone conversation. In that letter, I informed him that if he sought to evict my client, I would ask for attorney’s fees and attach the letter as “Exhibit A.”

Fast forward a month. I received a call from our client – she had been served with an eviction action. We requested a hearing and prepared our defenses.

At the hearing, on cross-examination, I walked the property manager through the law and he ultimately agreed that the eviction was unlawful. He also acknowledged receiving my letter about attorney’s fees. The judge ruled in our favor, dismissing the eviction, and awarded us attorney’s fees in light of the property manager being put on notice that what he was doing was unlawful.

South Carolina Legal Services is a statewide law firm that provides civil legal services to protect the rights and represent the interests of low-income South Carolinians. To apply for free legal help, call 1-888-346-5593 or apply online at https://www.lawhelp.org/sc/online-intake.

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