Eviction Defense Eviction

[Angela mcgee]

Jurisdiction

South Carolina

My boyfriend got a cdv charge now he can't come around me so the family told me I had to leave we have lived there for 3 years no lease in a poolhouse no eviction notice they are just harrssmen me running my company off what are my right I live in Greer sc

 

[adjusterjack]

If you paid rent you are a month to month tenant and 30 days written notice is required by statute:

2017 South Carolina Code of Laws :: Title 27 - Property and Conveyances :: CHAPTER 35 - CREATION, CONSTRUCTION, AND TERMINATION OF LEASEHOLD ESTATES :: Section 27-35-120. Termination of month to month tenancy.

If you did not pay rent you are a tenant at will and 20 days written notice is required by statute:

2017 South Carolina Code of Laws :: Title 27 - Property and Conveyances :: CHAPTER 35 - CREATION, CONSTRUCTION, AND TERMINATION OF LEASEHOLD ESTATES :: Section 27-35-130. Notice required for tenants at will and domestic servants.

The owners have no obligation to allow your "company" on to the premises. Running them off is not harassment in any legal sense.

If you want to ignore their verbal notice to leave, that's up to you but they'll eventually get it right and then follow up with eviction through the court.

 

[army judge]

My boyfriend got a cdv charge now he can't come around me so the family told me I had to leave we have lived there for 3 years no lease in a poolhouse no eviction notice they are just harrssmen me running my company off what are my right I live in Greer sc

You can be evicted, with or without a written lease.

The lease you have without a WRITTEN lease is codified in your state's laws.

In SC oral and written agreements to rent are considered valid leases.



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Q. Can my landlord evict me without going to court?

No. Any other method, like locking you out or turning off the utilities, is illegal. If the landlord tries to evict you in an illegal way, you may be able to stay in the house and get damages and attorney's fees from the landlord.


Q. If my landlord goes to court to evict me, what can I do?

If you are served with eviction papers or a Rule to Show Cause, you should go to a lawyer right away. You only have ten days from the date you are served to respond to the eviction notice. If you do not respond, the magistrate will issue an order to put you out called an ejectment order.

Before you go to court, think of any defenses you might have. For example, if your landlord knew that your apartment was in bad shape before your rent was due and had time to repair but did not, you should tell the judge. The magistrate may let you stay if you can show that your apartment is not worth the rent the landlord wants for it. You would then pay what it is worth.



Q. Can my landlord evict me if I've been accused of a crime?

No, your landlord must PROVE you committed a crime.



Q. Can my landlord evict me if I am criminally convicted for breaking the law in my home?

Probably. You cannot use your home for illegal activities, and you cannot allow your family or anyone else to use it for illegal purposes.

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It might wish to have the next 24 days looking for a new place to live.

In fact, you might wish to give proper notice that you'll be leaving the rental unit.

In SC a tenant is required by law to give written notice to the landlord before moving out if no written lease was signed.

Your notice must be given at least 30 days in advance of the last day of the rental period (if you pay rent once a month).