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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a friend who is in the process of being evicted. She

Customer Question

I have a friend who is in the process of being evicted. She is a single mother with help from her brother so it seems he is making a little over the limit for her to receive any type of help. Her husband is in Prison in Springfield and is unable to help. She has just
returned from the hospital yesterday where she had several tests done and is awaiting reports which could take a couple weeks. Supposedly a window had gotten broken and they have no idea how it happened as it did while they were not home. the Landlord did fix it and is billing them $200.00 for the fix. She has no money to pay for that and still feed her little four year old girl. They have been trying to get help from organizations but seems no one feels it is necessary. My question is, at one point I thought it was a law in South Dakota that if there was snow on the ground and temps low no one could be evicted. She has no money to find a new place because of deposits so will become homeless with her little girl. Healthwise she is not capable of helping herself right now.
Is there anything that can be done for her? This is in the Rapid City, SD area
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this matter.

Your friend will want to contact the County Housing Authority - they may be able to assist with emergency funds to help her stay in the unit that she is in, or help her with "Emergency Housing" to get a new place to live in the event she is actually evicted. http://www.pchrc.com/

If the landlord actually does initiate eviction proceedings against her, she should make sure that she answers the complaint and appears in court. Failure to file an answer and appear in court within the time periods (these will be on the notices she receives) will allow the landlord to win the case "by default" and she will be evicted much more quickly.

She can try to negotiate a resolution with the landlord, she may even try mediation (the county bar association can usually give referrals to local landlord/tenant mediators).

Your friend should qualify for financial assistance, such as TANF (emergency cash benefits), WIC (provides food and resources for women and children under 5), Food Stamps, medical insurance, and Welfare. She should be in contact with the County Benefits office.

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