Is there any circumstance or condition that allows for the tenant to be evicted without the court involvement in SC?

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Originally Posted by rvdsid

Is there any circumstance or condition that allows for the tenant to be evicted without the court involvement in SC?

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Would depend on the specific circumstances but by the very meaning of the word eviction is a legal proceeding.

A person rents a house from a person who is not the owner. ( common on craigslist in many places)

Basically a crook, finds a empty house, breaks in and changes the front door lock. You move in and in a while the real owner finds you there. They have you thrown out for tresspassing.

You break in and just try to live somewhere

You are living in a government housing or in a rental, and are doing something illegal there. In some states I believe.

Or a partner gets a restraining order against you.

Should I go on with the list?

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Originally Posted by JudyKayTee

Would depend on the specific circumstances but by the very meaning of the word eviction is a legal proceeding.

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"...
Originally and technically, the dispossession must be by judgment of law; if otherwise it was an ouster; but the necessity of legal process was long ago abandoned in England; and in this country also it is settled that there need not be legal process; Any actual entry and dispossession, adversely and lawfully made under paramont title, will be an eviction.. . " (citations omitted), Black's Law Dictionary, Revised Fourth Edition, p. 656.

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Originally Posted by AK lawyer

"...
Originally and technically, the dispossession must be by judgment of law; if otherwise it was an ouster; but the necessity of legal process was long ago abandoned in England; and in this country also it is settled that there need not be legal process; Any actual entry and dispossession, adversely and lawfully made under paramont title, will be an eviction. ..." (citations omitted), Black's Law Dictionary, Revised Fourth Edition, p. 656.

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Okay, gotcha... How do I get him out? He had a one year lease, that ended in July and he has been a month behind ever since Jan. 2012 and he has Known druggies over and I want him out without having to deal with my local BIASED judge. He is constantly passed out from drinking and I want him out because I feel he is putting my property at risk.

You start with a notice to vacate giving him 30 days to move out. The notice should advise him that if he has not vacated by the deadline, you will file for an eviction order.

You first give him a notice to quit, wait the requiisite period (usually 30 days) and then go to court and get a court order. It's a simple process, it your local judge is incompetent I guess you would have to appeal it it came to that.

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Originally Posted by AK lawyer

You first give him a notice to quit, wait the requiisite period (usually 30 days) and then go to court and get a court order. It's a simple process, it your local judge is incompetent I guess you would have to appeal it it came to that.

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Since his lease has run out, he is a mth. Behind in rent, he has been subleasing, and he is doing drugs... and I want him out... can't that be considered Constructive Trespassing?

I give him 15 days to vacate and on the 16th I go get the Police to escort him off the property for Trespassing, if he hasn't left.

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Originally Posted by rvdsid

Since his lease has run out, he is a mth. behind in rent, he has been subleasing, and he is doing drugs.....and I want him out....cant that be considered Constructive Trespassing?

I give him 15 days to vacate and on the 16th I go get the Police to escort him off the property for Trespassing, if he hasnt left.

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Are you asking us or telling us?

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Originally Posted by JudyKayTee

Are you asking us or telling us?

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Asking... you guys are the experts.

If he is late on his rent then give him a 5 day pay or quit notice. The disadvantage of such a notice is that he can pay up and you have to start all over. If you can prove he is doing something illegal or is otherwise in breach of the lease, you can use a 14 day notice under SECTION 27-40-710. But again, the breach can be remedied and you have to prove the breach, what proof do you have of doing drugs?

I've never heard of constructive trespassing, can you cite a statute for it? But since he has been living there under a lease, I doubt if you could make it fly.

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Originally Posted by rvdsid

Since his lease has run out, he is a mth. behind in rent, he has been subleasing, and he is doing drugs.....and I want him out....cant that be considered Constructive Trespassing?
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No. Having been an tenant under an expired lease, he is a tenant at will.

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Originally Posted by rvdsid

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I give him 15 days to vacate and on the 16th I go get the Police to escort him off the property for Trespassing, if he hasnt left.

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No. Very doubtful that the police will want to get involved, absent breach of the peace or a court order. After the expiration of the notice period, you file suit in court for eviction.