Client Success Story: Avoiding Eviction for Woman with two Emotional Support Dogs
"I feel safe, now that I have my order.”
Nina is a 61-year-old woman living with her 2 emotional support dogs in a rented home in a small, rural town up north. Nina moved in 5 years ago with her elderly mother. Nina's mother died last summer, and Nina has struggled to stay current with the rent. Nina's landlady, who lives next door in her own home, handed Nina an eviction notice that required her to leave by July 10.
On July 9, the town police chief, on orders from the landlady, showed up at Nina's door and threatened her with arrest for criminal trespass if Nina didn't leave by noon on July 12 – today! The Chief added that Nina's dogs would be impounded.
"I'll die if they take my dogs away," Nina told 603 Legal Aid (603LA).
603LA advised Nina to file a special petition at her local district court asking the judge to restrain the landlady from using the Chief to circumvent the law. Nina, nervous and unfamiliar with the legal process, provided only enough information on the petition for a hearing to be scheduled next week. No emergency order issued restraining the landlady from using the Chief to remove Nina.
603LA drafted a motion for reconsideration on July 11 which provided the judge with sufficient information for an emergency order to issue prohibiting the landlady from using the Chief to remove Nina. Because the Chief was rarely in his office, the court instructed Nina to hand him the court order when he appeared at noon on the 12th.
Nina contacted 603LA at 2:00 PM and reported that so far, the Chief hadn’t made an appearance.
"I feel safe, now that I have my order," Nina told 603LA. “You can go home and enjoy your weekend. I’ll ask the State Police to serve my landlady. Don’t worry about me.”
Nina’s story is far from over, but she’s realizing she has rights in this matter and is learning how to exercise them. Nina was given Advice and Counsel on how to handle herself at next week’s hearing. She has been advised to apply for public housing and to call back when the Landlord Tenant writ is served. 603LA will help Nina navigate the remaining steps in the lawful eviction process and, if she becomes homeless, help her obtain emergency shelter from the Town.