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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Ive been give a writ of ejectment with a set out date of

Customer Question

hello ive been give a writ of ejectment with a set out date of 9/8/15 I paid my rent on the day it was due. can i go to court to show cause
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this matter. Unfortunately, if you have already received the "writ of ejectment" that means that the landlord has already gone through the unlawful detainer (eviction) proceeding and received a judgment against you for possession of the property. (That is when you have the opportunity to defend the matter and get more time in the unit).

You may be able to get a little more time in the unit by filing what is called an "application for stay of execution" with the court. But the court does not have to grant this, and the order will generally be for very short periods of time (1-3 weeks). You will need to show significant hardship (an occupant with a significant health issue that will be exacerbated if moved, etc.).

(See generally: http://www.cityofspartanburg.org/cms_assets/neighborhood_services/What%20SC%20Law%20Says%20About%20the%20Eviction%20Process.pdf)

Although you are very, very, late in the proceeding, I would still recommend that you contact your local bar association as soon as possible (Monday morning) and ask for referrals to local legal aid resources - most have tenant resources for families facing eviction - and they may be able to assist you.

You may be able to negotiate a short continuance with your landlord as well. if you do, make sure that you get any such agreement in writing.

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