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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Renters Will Not Move Out

    My question involves an eviction in the state of: South Carolina

    I have a rental property and the renters will not leave. I have gave them mulitple warnings and a five day notice and filed an eviction with the state of S.C., but now they are telling me that they are going to file an extended stay or something of the sort??? Even though I filed an eviction, can they do this? And what can I do to get them out of my house? Please Help!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Renters Will Not Move Out

    As is explained here,
    Quote Quoting Evicting a Tenant in South Carolina
    It is important to note that you may not file for an Eviction until the tenant is more than five days delinquent in paying their rent (that is, on the sixth day following the day the rent was due). In South Carolina, a verbal rental agreement is as valid as a written contract, so it is not necessary to have a written lease agreement. However, in situations where there is a written agreement, the terms of the lease take precedence over the Landlord/Tenant act. In other words, if you have a written agreement that gives your tenant fifteen days in which to pay, you cannot file for eviction until the fifteen days have passed.

    A $40 filing fee is attached to the first application, which is the Affidavit and Application of Ejectment and Rule To Show Cause. This paper gives the tenant 10 days from the date of service to settle with the landlord, move, or request a hearing to show cause why s/he should not be evicted. If the tenant does not settle, move, or request the Show Cause hearing at the end of this period, the landlord should make the application for the second paper of the eviction process, which is titled a Writ (or Warrant) Of Ejectment. There is a second $10 filing fee required with this paper. The Court prepares the paperwork and a constable will serve the tenant. This second notice gives the tenant 5 days to settle or vacate. If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable.
    Press ahead with the eviction process. If they in fact file something, you can deal with it when you know exactly what it is.

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