Some evictions taking place in SC despite virus moratorium

MYRTLE BEACH, S.C. — Some evictions are still taking place in South Carolina during the COVID-19 pandemic.

There is a federal moratorium on evictions that runs until January from The Centers for Disease Control and Prevention. But the rules are confusing, and enforcement is inconsistent.

More than 21,000 eviction cases have been filed during the pandemic across five of South Carolina’s most populous counties — Richland, Charleston, Lexington, Greenville and Horry, according to an examination of court records by The Sun News of Myrtle Beach and The State newspaper.

About 10% of those cases resulted in a “writ of ejectment,” meaning their cases have advanced far enough in court that those 2,100 or so renters and their families could be ordered by authorities to leave.

The eviction moratorium isn’t a blanket order. Renters have to sign a legal document saying they can’t pay their rent because of the pandemic. Tenets whose leases expire with unpaid rent can be evicted along who those who violate their leases by having unauthorized long-term guests or pets.

“While I do believe the CDC’s intentions were good, it’s clear that this was a very hastily issued order,” said Nicole Paluzzi, a housing attorney for Charleston Pro Bono Legal Services. “I think we’ll see a lot of the negative repercussions of this come January when cases resume.”

When the declaration has filed has left some questions in court. Some judges require it before the eviction proceedings come. Others have accepted the declaration at the eviction hearing.

There have also been questions about whether the declaration can stop an eviction proceeding that started before COVID-19 arrived in South Carolina in mid-March.

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The uncertainty puts landlords in a bind too. Renters are supposed to seek out any housing assistance and make partial payments, but there is no way to enforce those requirements, said David Krausz, who owns 135 units across South Carolina.

“I can’t find a handbook anywhere for how I should proceed with these things,” Krausz said. “I’ve asked about evicting tenants who clearly violated these rules and are guilty of perjury, but the courts said they weren’t interested in hearing about it.”

Cox Media Group