PDA

View Full Version : Eviction Notice from Sheriffs Dept. I've been served.


debc2
Jun 17, 2012, 11:39 AM
My tenant lives in my condo in Horry County, SC. He is several months behind on rent. He said he wanted to start paying by the week but never did that either. I sent him a letter of eviction over a month ago for nonpayment. He didn't pay anything or try to set up anything with me. I wnet to the Magistrates office and took out eviction papers and they were served. He got them on Tues. and they said for him to vacate by Fri. He is still there. What do I do now?

ScottGem
Jun 17, 2012, 11:44 AM
I'm not clear what you got from the magistrates Office, was it an order to show cause or a writ of ejectment?

Filing Ejectment Action
After notice has been given and the tenant has failed to cure the reason for the eviction proceedings, the landlord may file an ejectment action in the magistrate court of the county where the rental unit is located. The landlord must provide the court with an affidavit stating the reasons for the action. A filing fee must also be paid; the fees differ from county to county. The court will then schedule a hearing date and issue the landlord an Order to Show Cause. The Order to Show Cause must be served on the tenant. Upon service of this order, the tenant is required to appear at the magistrate court and show cause as to why the landlord should not be entitled to either the rent or possession of the property. If the tenant cannot show cause, the landlord should move for the court to issue a Writ of Ejectment.

Read more: South Carolina Tenant Eviction Procedures South Carolina Tenant Eviction Procedures (http://www.ehow.com/how-does_5272661_south-carolina-tenant-eviction-procedures.html#ixzz1y4sA8QlV)

Fr_Chuck
Jun 17, 2012, 12:03 PM
Yes, you would have normally file for a court hearing, at the hearing, they would set a date for a court officer to come to the property to allow you to set everything out while they officer watched.

Next why did you wait for him to be months late, not filing given them a pay or quit notice when they are about 10 days late ( not months)