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    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #1

    Nov 13, 2010, 09:52 AM
    SC Eviction Laws
    If I bought a mobile home that is in my park and the previous owner & I had taken these people to court to evict because they are always late and they didn't show up, and I just took them to court to evict because I didn't want this type tenant(we didn't tell the tenants that I bought the home, so the previous owner could get her money) and the judge ruled in their favor Again, even though they didn't show up again, and said that I had to offer a contract and then evict after 30 days. Does the common law state that I have to do that??
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 13, 2010, 11:57 AM
    I see that this is the question concerning which I suggested that you start another thread.

    Let me understand:

    The previous owner sued to evict the tenant for late payments of rent. This was after you had already purchased from the previous owner. The judge threw the case out because the previous owner no longer was the real party in interest and because you had no lease contract making you the landlord?

    It seems to me that if the tenant was in default of the lease, you would stand in the previous owner's shoes and get the tenant evicted. Does the tenant have a lease? If so, it might be necessary to give the tenant due notice that the lease is terminated for late payment and to vacate the premises.

    I don't understand why the judge would say that you need to give the tenant a contract in order to evcit him. You need to give him a notice to quit (usually 30 days) and if he hasn't left by then, sue for eviction.

    Here is the SC statute on mobile home parks.

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