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 [email protected]

Hello mel:

They should, but it's all just setting up the groundwork for the eviction. They're NOT going to 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 going to 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?

Im not on the lease, just living and receiving mail and own the furniture

Hello again, mel:

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:

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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?

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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.

I think this is still an ordinary eviction.

excon

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 girlfriend shouldn't be able to initiate these actions unless she has permission to act for the owner.

Quote:

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Originally Posted by ScottGem

it would appear that whoever started the proceedings obtained a legal order for you to move.

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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?

excon

My personal, non legal opinion this time,

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.

I'm aware its over and I have no problem with that. Since I have a receipt for my furniture, they will have to put that out to, correct?

Chuck is right, you need to move. But you will have to do the moving. As a trespasser you would be deemed to have no right to anything on the premises. And once you are removed, you could be arrested if you try to return to reclaim your things. So you need to move out BEFORE they move you. Otherwise you need to go to court to reclaim your possessions.

Get a U-Haul or a friend with a Pickup or whatever and get out of there. As I said, you can probably delay getting kicked out for a little bit of time so you can find somewhere else. But you need to get out before they remove you.

Still don't understand how I can labeled a trespasser when I've lived here the entire time, but so be it.. thanks..

Because, she is the only one on the lease, therefore you are her guest. Guests can be asked to leave. Guests who don't leave are considered trespassers.

Like I said, you can argue that you are a tenant-at-will. But all that will buy you is more time in which to move. You made a mistake by not putting your name on the lease. Had you done so, you would have a much stronger leg to stand on.

Hello again, mel:

I don't think so. These are not people who are concerned with that. If she wants to let you take it, fine. If she doesn't, don't look to the eviction cops for help.

You'll have to sue her.

excon

Please break this code law down for me. It states I can file for an injuction? Correct and what about the one time recovery?

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.

SECTION 15-67-620. When warrant shall not be issued.

If the person in possession shall, before the expiration of the five days, appear before such magistrate and satisfy him that he has a bona fide color of claim to the possession of such premises and enter into bond to the person claiming the land, with good and sufficient security, to be approved by the magistrate, conditioned for the payment of all such costs and expenses as the person claiming to be the owner of the land may incur in the successful establishment of his claim and also for any damages which the owner of the land may sustain by reason of the possession being withheld from him, by any of the modes of proceeding now provided by law, the magistrate shall not issue his warrant as provided in Section 15-67-610.

SECTION 15-67-630. Fee of magistrate and sheriff or constable.

The magistrate shall be entitled to demand and receive from the person applying for such warrant a fee of two dollars before issuing the warrant, and the sheriff or constable shall in like manner be entitled to demand and receive from such person a fee of two dollars and mileage before executing such warrant.

SECTION 15-67-640. Right to appeal; injunction; time of issuing warrant.

Either party to these proceedings shall have the right of appeal. The magistrate shall not issue his warrant until the expiration of five days after he announces his decision, and in the meantime the defendant may apply for an injunction, as in other cases, upon giving the bond required by Section 15-67-620, restraining the execution of such warrant pending the determination of his appeal by the circuit court.

Yes, you have the right of Appeal, but I think you are taking the wrong tact. You DO NOT want to fight this under 15-67 unless forced to. You want to fight this under the grounds that you are a tenant-at-will.

But you still miss the point that all you can do is delay the inevitable. Without your name on the lease, you will eventually be evicted.

I want to move I just need more time to do so. I have not problem with the move Its just I don't have the means at this moment to make it happen.

So negotiate. But that's also why you want to argue that you are a tenant-at-will. The time frames are longer.