MYRTLE BEACH, SC (AP) – Some evictions are still taking place in South Carolina during the COVID-19 pandemic.
There is a federal moratorium on eviction that runs until January from the Centers for Disease Control and Prevention. But the rules are confusing and the application is inconsistent.
More than 21,000 eviction cases were recorded during the pandemic in five of South Carolina’s most populous counties – Richland, Charleston, Lexington, Greenville and Horry, according to an analysis of court records by The Sun News in Myrtle Beach and the The State newspaper.
About 10% of these cases resulted in an “expulsion warrant”, which means that their cases have advanced far enough in court that the nearly 2,100 tenants and their families could be sentenced by the authorities to withdraw.
The eviction moratorium is not a general order. Tenants need to sign a legal document saying they cannot pay the rent because of the pandemic. Principles whose rents expire on unpaid rents can be dumped along with those who violate their rents by having unauthorized guests or pets in the long run.
“Although I believe the CDC’s intentions were good, it is clear that this was an order that was issued very hastily,” said Nicole Paluzzi, a housing attorney at Charleston Pro Bono Legal Services. “I think we will see many of the negative repercussions this January, when the cases are resumed.”
When the statement was filed it left some doubts in the court. Some judges demand this before the eviction process begins. Others accepted the statement at the eviction hearing.
There were also doubts about whether the declaration could prevent an eviction process that began before COVID-19 arrived in South Carolina in mid-March.
Uncertainty also puts landlords in a difficult position. Tenants must seek housing assistance and make partial payments, but there is no way to enforce these requirements, said David Krausz, who has 135 units in South Carolina.
“I can’t find a manual anywhere on how I should proceed with these things,” said Krausz. “I asked about evicting tenants who clearly violated these rules and are guilty of perjury, but the courts said they were not interested in hearing about it.”