Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Can I be evicted from my home by my roommate if Ihave to go to jail for 34 days in SC (https://www.askmehelpdesk.com/showthread.php?t=797259)

  • Jul 21, 2014, 03:01 PM
    lisafellowspare
    Can I be evicted from my home by my roommate if Ihave to go to jail for 34 days in SC
    Can I be evicted from the home I have been living in for 3 yrs? I pay my rent by doing all the household chores. I have to go serve a 34 day sentence and my roommate told me he was going to file for eviction when I went to jail. I live in SC and would like to know if he can have me served while I am incarserated?
  • Jul 21, 2014, 03:03 PM
    cdad
    Is your rent prepaid for the time your going to be away? What is the real issue for the eviction?
  • Jul 21, 2014, 03:06 PM
    smoothy
    Do you have a current written lease that's unexpired with your name on it (that hasn't gone month to month) or a month to month lease with home owner (assuming its not your roommate) that has your name on it?

    If the answer is no to all of those... then yes they can.

    Also will you pay that months rent in advance (along with your share of utilities etc) if you do have your name on the lease (along with your roomates).
  • Jul 21, 2014, 04:13 PM
    AK lawyer
    The landlord (or the roommate if OP isn't renting directly from the landlord) will have to give OP a written notice (30 days in most states) before OP can be sued for eviction. So it depends: if the written notice is served today, an eviction action can be filed generally 30 days from now, and in theory a judgment of eviction could be entered within the 34 days.
  • Jul 21, 2014, 07:10 PM
    Fr_Chuck
    Since you will not be there, to do the work, you will not be paying the rent.

    Also, they can evict you, if they want to, if there is no lease.

    Is the crime you did, and going to jail part of the issue.

    You may be best, moving your items out and puttting them in storage
  • Jul 22, 2014, 05:27 AM
    ScottGem
    You didn't provide some very important facts. The key here is whether you have a lease with the landlord who owns the home. If your roommate is the homeowner or if your roommate is renting and is the sole person on the lease, then the roommate is your landlord. I suspect this is the situation. If that's the case, the roommate has to give you proper notice and you may even be served in jail. As long as proper notice is given, then yes you can be evicted.

  • All times are GMT -7. The time now is 12:26 PM.