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girlfriend3
Apr 1, 2013, 09:17 AM
We are in dispute with the owner of our building. We go to court in one week for eviction. We plan on being out this coming weekend, before court date. Is it possible for landlord to lock us out before then?

JudyKayTee
Apr 1, 2013, 10:49 AM
Is it possible? Yes. Would it be legal and open the landlord up to ramifacations? Legal, no. Ramifactions, yes.

LisaB4657
Apr 1, 2013, 01:47 PM
Sorry, Judy, but that's not correct.

In South Carolina there is no law that prevents a landlord from evicting a commercial tenant without going to court. In this case common law would apply and the common law in most states is that a landlord may evict a commercial tenant without going to court as long as the written lease does not prohibit it.

JudyKayTee
Apr 1, 2013, 01:52 PM
My apologies for a wrong answer. I relied on this: “Under no circumstances may South Carolina landlords use self-help to evict a tenant. The landlord may not lock out the tenant or shut off utilities as a way to force the tenant to pay rent or get out. If the landlord uses a self-help method, the tenant may be entitled under S.C. Code of Laws 27-40-630 to: |Rent deductions; and |Actual damages.” http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/south-carolina-evictions.htm

- and this https://www.askmehelpdesk.com/real-estate-law/sc-commercial-eviction-questions-443822.html

LisaB4657
Apr 1, 2013, 02:03 PM
That's for a residential eviction. For commercial tenancies the only rules are those contained within the lease, for the most part.