Should I Accept Rent from a Tenant Who is Refusing to Leave

My question involves landlord-tenant law in the State of: SC

Tenants were properly served Notice to Vacate August 22nd, which became effective Sept 21st. They are not budging. Notice of Ejectment filed Sept 26th, with The Summary Court, which was to be served by a representative of the court. After service, they have 10 days to vacate, or they will be ejected by a Constable. I will go to The Court tomorrow and see where we stand, but I think they have avoided/evaded service. Their rent was due the 18th, and they are now leaving messages that the check is there to be picked up. They have been late with the payments they owed us (July and August), though the prior owner said they were timely.

I don't want to accept the rent. I think it needs to be dealt with at the same time they are sued for the cost of ejectment and fees associated. I will have to hire people to move their stuff to "the nearest public roadway" (which will be designated by the Constable) and tow the vehicles.

Any advice appreciated.

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Quoting Catmad

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My question involves landlord-tenant law in the State of: SC

Tenants were properly served Notice to Vacate August 22nd, which became effective Sept 21st. They are not budging. Notice of Ejectment filed Sept 26th, with The Summary Court, which was to be served by a representative of the court. After service, they have 10 days to vacate, or they will be ejected by a Constable. I will go to The Court tomorrow and see where we stand, but I think they have avoided/evaded service. Their rent was due the 18th, and they are now leaving messages that the check is there to be picked up. They have been late with the payments they owed us (July and August), though the prior owner said they were timely.

I don't want to accept the rent. I think it needs to be dealt with at the same time they are sued for the cost of ejectment and fees associated. I will have to hire people to move their stuff to "the nearest public roadway" (which will be designated by the Constable) and tow the vehicles.

Any advice appreciated.

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Moving their stuff to the nearest roadway is one thing. Towing their cars so that they have no means to leave is entirely another. Don't do that.

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Quoting Catmad

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I don't want to accept the rent.

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Don't accept the rent. If you do, your whole ejectment procedure disappears and you have to start all over with another 30 day notice.

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Quoting Catmad

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I will have to hire people to move their stuff to "the nearest public roadway" (which will be designated by the Constable) and tow the vehicles.

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You don't do that until the court puts them out. Then you address what's left behind.

Thank for the heads up.

I was told at the magistrates office that ALL their personal property must be moved to the road, and vehicles towed, or the ejectment would be invalidated, and I'd have to start over. I thought that provision was more referring to inoperable vehicles, though. There's a tow truck, a "party boat" and one vehicle that is of unknown operational status. I hadn't considered their two personal vehicles, I had assumed the Constable would have them take those when they were ejected from the property.

Any input about rent?

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Quoting Catmad

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Any input about rent?

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See below:

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Quoting adjusterjack

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Don't accept the rent. If you do, your whole ejectment procedure disappears and you have to start all over with another 30 day notice.

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Quoting Catmad

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Thank for the heads up.

I was told at the magistrates office that ALL their personal property must be moved to the road, and vehicles towed, or the ejectment would be invalidated, and I'd have to start over.

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"I was told" = The most dangerous words in the English language.

What did you READ about the ejectment process?

Anything?

Nothing?

I suggest you study the statute.

http://www.scstatehouse.gov/code/t27c037.php

And stop taking legal advice from the clerk at the courthouse.

Thank you, yes, I had found and read that. It says; "if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment."

It doesn't address what happens to the stuff after they are "ejected" and the 24 hr period is up. So I don't have to have "Manpower on hand" and "towing service on standby" as the (written) instructions they gave me state? That would be a relief, if we can take our time to get this all done. Even though the instructions are indeed in writing, they are unclear in some aspects, and I was hoping for clarification.

I appreciate your caution about taking advice from the clerks, and that is why I came here t try and find where to look to be sure I am doing things right.

I guess I'll just have to let it play out.

One of the reasons I asked about taking rent was the statement in the Justia entry (I had actually found it elsewhere) that says;

"But the acceptance by the landlord of any rent, whether it shall have accrued at the time of issuing such rule or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon ejectment, nor as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the rule shall control."

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Quoting Catmad

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Thank you, yes, I had found and read that. It says; "if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment."

It doesn't address what happens to the stuff after they are "ejected" and the 24 hr period is up. So I don't have to have "Manpower on hand" and "towing service on standby" as the (written) instructions they gave me state?

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I would like to read those instructions but my guess is that the sheriff just ejects the people and you have to be prepared to move everything from the house out to the curb on the day that the sheriff ejects the people. From a former (me) landlord's point of view that makes sense because you don't want anything of the tenant's left in the house once you have regained possession and changed the locks. Oh yes, be prepared to change the locks that day, too.

As for the towing service, arrange to have them there and you can bet that the tenants aren't likely to leave their vehicles behind knowing that the tow truck will haul them away, unless there are inoperable vehicles on the property.

Once the personal property is removed from the house another statute comes into play. It's 27-40-710 (D):

Personal property belonging to a tenant removed from a premises as a result of an eviction proceeding under this chapter which is placed on a public street or highway shall be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. If the premises is located in a municipality or county that does not collect trash or debris from the public highways, then after a period of forty-eight hours, the landlord may remove the personal property from the premises and dispose of it in the manner that trash or debris is normally disposed of in such municipalities or counties. The notice of eviction must clearly inform the tenant of the provisions of this section. The municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section.

http://law.justia.com/codes/south-ca...ion-27-40-710/

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Quoting Catmad

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One of the reasons I asked about taking rent was the statement in the Justia entry (I had actually found it elsewhere) that says;

"But the acceptance by the landlord of any rent, whether it shall have accrued at the time of issuing such rule or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon ejectment, nor as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the rule shall control."

http://law.justia.com/codes/south-ca...ion-27-37-150/

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I saw that, but I still wouldn't risk accepting rent after filing for ejectment. A smart squatter could figure out a way to use that against you and delay the ejectment. You might lose some money by not accepting it but I would think that it's more important to just get the tenant out and deal with everything else afterwards. Up to you, of course.

I was wrong. The part about the "tow service on notice" is what _I_ wrote down. It was suggested by a police officer waiting for bench warrants. Apologies. The following is copied from "INSTRUCTIONS TO LANDLORD ON EVICTIONS, RENTALS ONLY" I'm including the last two items, but I think #10 us the only one relevant.

"9. The constable from this office will meet you at the address of the tenant om the date and the time scheduled on the writ of ejectment (written on your receipt or that was given you verbally). Do not enter the property until the scheduled time after the constable arrives.

10. You will be responsible for providing the manpower to move the tenants belongings to the nearest public roadside on the day of eviction."

Unfortunately, what you posted also seems to indicate I will be responsible for disposing of 25 years worth of accrued garbage.