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-   -   Evicting a tenant that does not have a lease in SC (https://www.askmehelpdesk.com/showthread.php?t=243737)

  • Jul 31, 2008, 07:34 AM
    k4stir
    Evicting a tenant that does not have a lease in SC
    My ex boyfriend has lived with me on and off for 9 months, He does not have a lease and has never paid me rent. He has moved in and out and the last time he moved back in (because he was kicked out of other houses for non payment) He uses a bedroom upstairs and had left his furniture here. Saying I could keep it for non payment on house. He has been volatile and I the police have come to remove him but they said I had to have his mail sent to another address, now they are saying I have to give him 30 day's notice because he has stayed here for more than one month at a time. My question is is an email okay as proof of eviction notice, he replied so I have proof. Or do I need a signed document from him. And do I need to file anything with the court? I do not have a lease from him nor have I been given rent money from him?
    And yes, I am stupid for letting him stay here prior when he lost his job.:rolleyes:
  • Jul 31, 2008, 07:43 AM
    rockinmommy
    Your email and his email response, in printed form should be a good start. Just to cover yourself I'd recommend a written letter that reiterates everything stated in the email, as well as his response, mailed to him by certified mail, return receipt requested.

    Just say something like, "As I stated in the email on July XX, 2008, blah, blah, blah. I appreciate your email response agreeing to blah, blah, blah." You don't need anything signed by him.

    So is he not living there, just has stuff there, but you want to make sure he doesn't come back? Is he receiving mail elsewhere now?

    Check your state's landlord/tenant law. There's a like for each state in a "sticky" at the top of this forum. See if there's a definition of abandonment. Depending on what he stated in his email, and if he's not receiving mail there, and what he's taken and/or left, it might meet that definition and then you're basically done. You could then change locks, etc.
  • Jul 31, 2008, 07:52 AM
    k4stir
    He is living here, I travel a lot for work, and he owe's me a considerable amount of money, so my hope was if he had a place to stay he could work hard and make SOME money to pay me back (did I mention considerable?) I recognize it was a pipe dream to expect that money back. I have asked him to leave for 3 months. It is a large house and requires a lot of yard work and needs a lot of work inside as well, he had asked to help me with yard work and other things since he couldn't pay me. But mowing the yard once doesn't really cut it. He will not move out, I advised him what the police said, and he said fine I will be out effective 30 days. I followed up with the email, he will not sign anything and I will not get an acknowledgment of the email from him. I looked into his court records and he has been evicted 4 times from other houses, so he obviously knows what he is doing, my fear is he will ignore my request and come up with ANOTHER law I didn't know about. So yes he is living here
  • Jul 31, 2008, 08:07 AM
    JudyKayTee
    Quote:

    Originally Posted by k4stir
    He is living here, I travel a lot for work, and he owe's me a considerable amount of money, so my hope was if he had a place to stay he could work hard and make SOME money to pay me back (did I mention considerable?) I recognize it was a pipe dream to expect that money back. I have asked him to leave for 3 months. It is a large house and requires a lot of yard work and needs a lot of work inside as well, he had asked to help me with yard work and other things since he couldnt pay me. but mowing the yard once doesnt really cut it. He will not move out, I advised him what the police said, and he said fine I will be out effective 30 days. I followed up with the email, he will not sign anything and I will not get an acknowledgment of the email from him. I looked into his court records and he has been evicted 4 times from other houses, so he obviously knows what he is doing, my fear is he will ignore my request and come up with ANOTHER law I didn't know about. So yes he is living here



    I would go to Court and file for eviction on the basis of non-payment of rent. If he's lied before, he will lie again (about moving out or just about anything else).

    I wouldn't waste any more time trying to reason with him or make deals.

    I don't believe the email note telling him to leave is sufficient - he needs a written notice. "If the rent is not paid when due, the landlord may end the rental agreement and start eviction proceedings if the landlord has given 5 days written notice, and the rent is not paid within that time. However, the landlord only has to give written notice that the rent is past due one time during the lease term."
  • Jul 31, 2008, 08:09 AM
    rockinmommy
    Ok. Well, if he knows what he's doing I would give him a whole new, official 30 day notice. Like I said before, send it certified mail, return receipt. I would even go so far as to send it with a return address he won't recognize and have someone else address the envelope so he doesn't see your handwriting. He doesn't have to acknowledge receipt of the notice for it to be valid, you just have to have proof you sent it to his last known address, but every little bit helps. If you have the return receipt signed by him there's no way he can claim he didn't get notice. Or you can physically hand it to him with a witness. Keep a copy for yourself, and if the delivery is witnessed write right on it, "hand delivered July 31, 2008 at 7:00pm, living room of 123 Elm Street" or whatever. And have the witness sign the notice.

    Then, on the morning of the 31st day you can go to your local magistrate or JP, or whoever handles eviction and begin the formal eviction procedure.

    Still familiarize yourself with your state's landlord/tenant laws for correct time frames, etc.
  • Jul 31, 2008, 08:21 AM
    rockinmommy
    Quote:

    Originally Posted by JudyKayTee
    I would go to Court and file for eviction on the basis of non-payment of rent. If he's lied before, he will lie again (about moving out or just about anything else).

    I wouldn't waste any more time trying to reason with him or make deals.

    I don't believe the email note telling him to leave is sufficient - he needs a written notice. "If the rent is not paid when due, the landlord may end the rental agreement and start eviction proceedings if the landlord has given 5 days written notice, and the rent is not paid within that time. However, the landlord only has to give written notice that the rent is past due one time during the lease term."

    I think this is a great idea... if the judge feels there's a basis for non-payment. There's no question of the non-payment part, but the ex boyfriend may have a strong enough case to show that they never established amounts due, or due dates, etc.

    I'd just hate to see her take 2 or 3 weeks going this route, only to find out she has to go back and start all over with a 30 day notice to end his periodic tenancy (having nothing to do with non-payment of rent.)

    I guess she could do both at the same time??
  • Jul 31, 2008, 09:37 AM
    JudyKayTee
    Quote:

    Originally Posted by rockinmommy
    I think this is a great idea.........if the judge feels there's a basis for non-payment. There's no question of the non-payment part, but the ex bf may have a strong enough case to show that they never established amounts due, or due dates, etc.

    I'd just hate to see her take 2 or 3 weeks going this route, only to find out she has to go back and start all over with a 30 day notice to end his periodic tenancy (having nothing to do with non-payment of rent.)

    I guess she could do both at the same time???????



    I know - and you would think at some point the law would address the roommate angle as opposed to strict landlord/tenant - but so far, no such luck!

    In NYS email notification is not sufficient - too easy to cut and paste, I guess. Another reason I have my rentals up for sale.
  • Aug 1, 2008, 07:21 PM
    k4stir
    thank you all so much for your help, this is the best web site ever! I know this isn't a free legal advise site, it is just reaching out for anything, and I really appreciate the thoughtful input. I have read the entire sc state/landlord law's and there is nothing I can find with a similar situation to use as a guide. I have been doing as the police advised, but the problem is if he gives me any money at all, since there is no lease, or written permissions, he can get out of the 30 day notice. If I go to court and he appeals under some random plea, I have to be tied up in court and further delay any hope of selling the house. A change of address was done to satisfy the police the first time, but now the furniture is another issue, all verbal agreements nothing in writing. I know a lot of attorneys but non of them deal in real estate law and they are scratching their heads?. leave it to me.:)
  • Aug 2, 2008, 06:08 AM
    JudyKayTee
    Quote:

    Originally Posted by k4stir
    thank you all so much for your help, this is the best web site ever! I know this isn't a free legal advise site, it is just reaching out for anything, and I really appreciate the thoughtful input. I have read the entire sc state/landlord law's and there is nothing I can find with a similar situation to use as a guide. I have been doing as the police advised, but the problem is if he gives me any money at all, since there is no lease, or written permissions, he can get out of the 30 day notice. If I go to court and he appeals under some random plea, I have to be tied up in court and further delay any hope of selling the house. A change of address was done to satisfy the police the first time, but now the furniture is another issue, all verbal agreements nothing in writing. I know a lot of attorneys but non of them deal in real estate law and they are scratching their heads?.. leave it to me.:)



    Did the Police tell you that if you receive any money toward the rent it somehow stays or stops eviction? That is not true. You can evict someone because you don't like the way they comb their hair.

    And, yes, you could very well be tied up in Court but if you want him out, I would do that.

    (Never take legal advice from the Police, by the way. They know what they've seen and experienced and are good basic sources but do not know the ins and outs.)

    I would file for eviction. If he pays you in full while standing in front of the Judge you can STILL evict him for chronic late payment.
  • Aug 2, 2008, 07:46 PM
    k4stir
    No they didn't tell me that, I was told that by someone who had a situation with an actual tenant with a lease. I haven't relied on the police totally for advise, I just know at the end of the day they will be the one's at the door. They did tell me if I kicked him out, prior to his mailing address being changed I could be arrested for holding federal property. That is when I got nervous. I will file, and I will bite the bullet, and hope I don't end up in court for some insane amount of time and money. I have to tell you my most consistent advise is to put all of his things out on the street and have him consistent removed. He has not had a dime to his name and started a job last week making $2000. A month. Due to his credit history and his inability to pay a deposit, it is slower for him. But he owe's me over $200,000. At least for "deals" closing, so court I would imaging wouldn't be that hard for me to prove. I do have a lot of records, plus what I pulled from court document from his past. So I thank you very much again, I was doing that can someone give me the easy answer thing :) because this has been dragging on so long, I am just tired of it all. Honest advise is the best. I'm going to file, if someone can tell me what to file at the courthouse, because they had some problems last time I was there. Persistence:eek: </IMG>

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