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Girlfriend and I or breaking up, she filed to have me evicted, they served paper stating I have five days? I've lived her since we moved here,. the lease is in her name but I own the furniture and all my mail is delivered here. they should have at least allowed me 10 days. we live in florence south carolina email at
They should, but it's all just setting up the groundwork for the eviction. They're NOT gonna put you out in 5 days.
WHO served you? The landlord? Your girlfriend? WHO do you pay your rent to? There is the distinct possibility, that your girlfriend is NOT your landlord. Only your landlord can evict you.
By the same token, only a tenant can be evicted. If you're not a tenant, you're either a guest or a trespasser. Neither of those are good options for you, because if you’re one of those, you can be put out NOW.
If you've paid rent or utilities (to somebody) and can prove it - you're a tenant. It's only just a matter of figuring out who your landlord is.
In terms of the process that’s started. If you don't leave voluntarily, the eviction THEN (and only then) gets filed in court. If you don't contest it, and she's very efficient at meeting her court deadlines, you probably have 3 - 6 weeks before you are actually put on the street. If you attend all your hearings, you'll know exactly when they're coming.
Of course, if the WRONG landlord filed for your eviction, merely mentioning it to the judge will result in their case being dismissed, and they’ll have to start over again. All this gives you more time. Certainly, you want to be gone. By the way, if the real landlord evicts you, he'll have to evict BOTH of you.
So, tell your ex-chick to stick it where the sun don't shine. Take your time finding a new place.
excon
PS> (added) Plus, "breaking up", is NOT grounds for eviction. IF you've paid your rent, and obeyed the lease, they're gonna have a hard time getting you out this way. Just tell the judge what's so.
Thanks for being here for me. let me give you some more information. the magistrates office came by and gave me a Notice to quit premises which states I have five ddays. the section they are going under is 15-67-610 which I looked up and it states trespassing. Now I also saw after looking up some information I can file an injuction? My problem is I've lived with her and give her money to pay bills, I've been with her for years. The complex is a apartment complex.
also, how can they say I'm trespassing when I moved in with her when she moved in and have been living here ever since, I noticed that the information I read also stated its Limited to one action of recovery, what is that?
Look. I know you're a tenant! YOU know you're a tenant! But, if you can't PROVE you're a tenant, then you're a trespasser! The ONLY way to prove you're a tenant, is to show that you paid bills. You say you do. And, of course, you do. Now, you're going to have to prove it.
That, and ONLY that, is what makes you a tenant under the law. It doesn't matter that you've got furniture there. It doesn't matter that you get mail there. It only matters that you PAY to live there, and can prove it.
If you can, then be prepared to show your proof to the people who are coming in 5 days. If they can be convinced that you ARE a tenant, they will NOT put you out.
Quote:
Originally Posted by mel7tel
also, how can they say I'm trespassing when I moved in with her when she moved in and have been living here ever since, I noticed that the information I read also stated its Limited to one action of recovery, what is that?
Very good question. I don’t know. But, South Carolina isn't part of the United States in terms of law. I don't know what kind of statute 15-67-610 is. You say trespassing - that would be criminal. And, I've never heard of a law that allows a trespassing criminal to hang around for 5 days before the cops put him out.
First, if you were served notice by a magistrate, then it would appear that whoever started the proceedings obtained a legal order for you to move.
I found 15-67-610 which states:
SECTION 15-67-610. Duty of magistrate in case of trespass. If any person shall have gone into or shall hereafter go into possession of any lands or tenements of another without his consent or without warrant of law, the owner of the land so trespassed upon may apply to any magistrate to serve a notice on such trespasser to quit the premises, and if, after the expiration of five days from the personal service of such notice, such trespasser refuses or neglects to quit then such magistrate shall issue his warrant to any sheriff or constable requiring him forthwith to eject such trespasser, using such force as may be necessary.
However, there is good news for you. See below:
SECTION 27-33-10. Definitions. (3) Tenant at will. - Every person other than the owner of real estate, excepting a domestic servant and farm laborer, using or occupying real estate without an agreement, either oral or in writing, shall be deemed a "tenant at will";
So you could argue that you are a tenant at will. That would mean you are subject not to 15-67-610 but to 27-37. Which prescribes that you have 10 days to answer to the magistrate why you shouldn't be ejected. So what I would do is go back to the magistrate that issued the trespassing order and argue for more time.
Ultimately, though, you WILL have to move. Your name is not on the lease and, even though you can prove occupancy to some extent, you could still be ruled a guest because of that. So, at the same time, you are working at delaying the inevitable, you should be looking for a new place.
One other point here. The law clear states that either eviction or trespassing proceedings have to be initiated by the owner of the property. Your gf shouldn't be able to initiate these actions unless she has permission to act for the owner.
it would appear that whoever started the proceedings obtained a legal order for you to move.
Hello again:
Good job, Scott. He's on to something. The only way to obtain a “legal order” is to have “due process”.
In the statute, the words "may apply" appear as the mode of complaint, and correctly so, given the Fifth Amendment requirement of "due process" of law.
Therefore, in my view, due process would mean that there would have been a hearing (or absolutely SHOULD have been) where you were legally entitled to attend and should have been served notice of. Or, South Carolina has seceded. I actually don't know which.
Are you sure the notice you received doesn’t invite you to a hearing before 5 days?
She wants you out, you have broken up already, get a friend and a pickup truck and move your funiture to a U store it and move in with a friend till you can arrange your own place.
The chance that more anger and something else bad happening is just too great to get into a >>>>>> contest as to who is legally right or not.
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