De Novo Helps Tenant Dodge Disaster at the 11th Hour

In November 2019, Julia lost an eviction trial for non-payment of rent and her landlord was given a court order to evict her. The court’s order is called an execution – a frightening term for tenants. The landlord, however, never used the execution and Julia and her elderly mother remained in their home. It was an uneasy peace, but it kept them housed and allowed them to stay safe when the COVID pandemic hit.

The threat of eviction… particularly during these scary, unprecedented times has been one of the most difficult challenges I’ve ever had to face. Going up against a legal system on your own can seem daunting and overwhelming, but Attorney Emily Dasey not only immersed herself entirely in my case but was able to get results immediately.

When the court order allowing the landlord to evict Julia expired on March 10, 2020, it looked like Julia and her mother had dodged disaster. But the landlord went back to court and filed a motion asking the court to reissue the expired eviction order so he could move Julia out. In January 2021, a judge approved the landlord’s motion.

Nine days before they were to be removed from their home, Julia and her mother were referred to De Novo. Attorney Emily Dasey quickly filed two motions: one to stop the landlord from using the execution because Julia was protected by the CDC Moratorium and another to challenge the Judge’s decision to reissue the expired execution.

The court immediately granted Julia’s first motion, meaning Julia and her mother could not be evicted until the CDC Moratorium was lifted. The judge also granted Julia’s second motion and recalled the execution, meaning Julia and her mother can no longer be evicted in this case.

Now, De Novo’s paralegals are working to get rental assistance for Julia so she can pay her back rent, and hopefully pay her rent going forward, so she will not have to face another eviction case.

Name has been changed to protect the client’s privacy. This story was originally published by the CELHP COVID Eviction Legal Help Project.