[dawnweb]

I own property in and live in SC. I hve a tenant who did not pay June's rent. I have only been able to physically speak with her once when she lied through her teeth and told me she would have the rent the following Monday (2 weeks late). When she did not make any attempts to contact me, I sent her a 5 Day Notice, informing her that I would begin the legal eviction process if she did not respond witin 5 days. Those 5 days came and went and nothing... I left several messages (when I could actually get through) to try to prompt her. We finally went to the Magistrate's Office to begin the process. They tried to serve and could not personally so they sent it be mail. SHe finally responded (on day 9) and has apparently asked for a earing. I guess my question is what should I expect in court and should I get a lawyer? I can't imagine she has any legal leg to stand on... and now she's late on July's rent! We've driven by on several occcassions to try to tallk to her persoanlly but she's never there. She never moved any furniture in downstairs.. We've put the unit up for rent but have stopped short of putting up a sign. As far as I k now, she has no idea that it is up for rent. Not sure that even matters. Help! As I said, I'm really just tryign to get an idea of how to prepare. Thanks

[rockinmommy]

Well, first of all, if you have a court date set LEAVE HER ALONE. You're just going to have to be patient and wait for your date in court. Believe me when I tell you, I KNOW how hard that is and how badly you want to regain control of your property.

Do you have a written lease with her? Do you know for sure if your lease is in compliance with state law? Typically with a non-payment of rent situation it's pretty cut and dried.

I've learned the hard way with these situations. Unless it's a long-term tenant who's never had a problem before, give the tenant the notice to vacate as soon as the rent becomes late. If they intend to pay you it will get their attention and they'll contact you to make arrangements. Or if they don't intend to pay you won't hear anything. Either way it starts the ball rolling as soon as possible. You don't have to go file on the 6th day (or whatever your notice period is) but that way once the notice period is up you can go file at any time thereafter.

I've found my gut instinct to be a great predictor. When she told you she'd pay you in 2 weeks did you have a bad gut feeling? Whenever I've ignored that feeling I've been burned, and when I've listened to it, it turns out to be right.

Good luck. If you have a decent lease I don't see why on earth you'd need a lawyer.

[Fr_Chuck]

Yes, after you file in court for eviction, you don't talk to her, ( harassment could be considered) and you can expect almost anything, like fake payment reciepts, a list of illegal issues with home, letters from doctors talking about mental distress over being evicted and needing so many months to recoever before she can move.

If I was going to court, I would have an attorney, she may have one you don't know.