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minimedic · Jan 22, 2007, 07:49 AM

I have rental property, that I have had a family in for almost a year. They have not paid rent in several months. 30 notice has been served, ignored and 10 day notice served, ignored after they (magistrate) serves them a 48 hour notice what happens then? If they leave the resd before then and leave their things what can I do with them legally.

Thanks

Laws very confusing!

P.S. Rental property inside South Carolina

ScottGem · Jan 22, 2007, 07:55 AM

If they ignore the 48 hour notice, you hire a sheriff to evict them. They will remove all their possessions and have the locks changed.

excon · Jan 22, 2007, 08:54 AM

Hello mini:

Given that you discuss a "48 hour notice" and a "magistrate", I, along with Scott, assume that have been to court and have been awarded possession of the property. You didn't say so. IF you have NOT been to court yet, THAT is your next step.

excon

PS> IF you have, then Scott's advice is right on.

330dannie · Jan 22, 2007, 09:19 AM

Originally Posted by minimedic

I have rental property, that I have had a family in for almost a year. they have not paid rent in several months. 30 notice has been served, ignored and 10 day notice served, ignored after they (magistrate) serves them a 48 hour notice what happens then? If they leave the resd before then and leave thier things what can I do with them legally.

thanks

laws very confusing!

P.S. Rental property inside South Carolina

I think you contact the police department to put their stuff out. Don't do anything without local authorities though, ironically tenants seem to have more rights than owners.
Good luck.

ScottGem · Jan 22, 2007, 09:24 AM

Originally Posted by 330dannie

I think you contact the police department to put their stuff out. don't do anything without local authorities though, ironically tenants seem to have more rights than owners.
Good luck.

In most areas, police do not perform this work. Generally there is a sheriff or marshal that performs such duties under supervision of the court system for a fee.

landlord advocate · Jan 22, 2007, 03:08 PM

Tenant Law is there to protect the tenant, not help the landlord. If you have been to eviction court and received a judgement you had an opportunity at that time to ask for a "writ of execution". If the tenant does not leave on or before the date set by the magistrate, the writ can be executed by calling the bailiff or the local sheriff. The landlord then hires a moving company to move all the tenant's items to the curb (or to storage depending on your community's housing laws) The bailiff, or court appointed representative will stand in the rental property while the moving company moves all the items. Then the landlord can take possession of the property and change the locks.

Remember, the ONLY person that can make the decision to dispose of the tenant's property is the court. Don't throw away a tenant's items just because you consider them rubbish. The tenant may very well come back and take you to court for the value of their treasures!