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Are there circumstances where a tenant may still be evicted if the warrant was issued even with this new legislation?

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  • Yes, there are some.
  • If the tenant doesn’t return the hardship declaration even after it was properly served, then the warrant can go forward.
  • If the court found that the tenant was persistently and unreasonably engaging in behavior that is infringing on other tenants’ rights or causes substantial safety hazards to others.
    • Note: if this is the case, the court will have a hearing to determine whether or not the tenant has continued to engage in unlawful behavior.
      • If the landlord fails to prove that the tenant is engaging in such unlawful behavior, the warrant can be stayed until May 1, 2021.