I received a call this morning from a tenant who had their belongings set outside by their landlord because she had not paid the rent. This is an illegal eviction whether we are in COVID-19 times or not. Let’s clarify the eviction process under COVID-19
Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law on March 27th, 2020. This law placed a hold on eviction filings for failure to pay rent or other fees for tenants in subsidized housing and for landlords that have federally backed mortgages. This hold will last for 120 days or at least until July 24, 2020. If a landlord wants to evict a tenant for failure to pay rent or other fees after that, they will have to give at least 30 days’ notice from the time the hold ends. This means that many evictions for failure to pay rent or other fees can’t be filed until at least late August 2020.
What if I don’t live in subsidized housing, have a section 8 voucher, or my landlord does not have a federally backed mortgage likes an FHA loan, VA Loan, USDA Loan, Fannie Mae or Freddie Mac loan?
The South Carolina Supreme Court’s has placed a hold on all evictions unless they involve essential services or harm to person or property. You are still responsible for the rent while evictions are on hold. The Landlord can file an eviction once the hold has ended. The hold is currently set to end on May 1, 2020. If you can’t pay your rent, you may want to reach out to your landlord to work out a payment plan. For more information you may call The Howze Law Firm LLC at 803-266-1812.