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    myrtle1183's Avatar
    myrtle1183 Posts: 1, Reputation: 1
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    #1

    Jul 5, 2012, 10:01 PM
    Eviction question in South Carolina
    We have someone in our condo who's girlfriend leased the place but once they broke up she broke the lease and left. He is still there and according to South Carolina laws (according to the courts we have been going to, to file eviction notice) he has the right to be there seeing he is an "occupant". He doesn't pay rent and will not let won't let anyone in including our pest control guy. We have served eviction notices which on one time has passed but we have been told many others have to be filed which may take weeks to get him out. What more can we do and what other steps can we take to get him out even though he is not on the lease
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jul 6, 2012, 02:59 AM
    Once someone is a 'tenant' rather than a trespasser, you have to go through the eviction process as you are doing (but it shouldn't be 'many' other steps). Becoming a tenant isn't about paying rent so much as having proof of occupancy, such as furnishings and receiving mail.
    You still have the right to access with 24 hours notice, or no notice for emergencies, and can let yourselves in for something like pest control. Ask for police help if necessary.
    It's a delicate situation now, because you don't want to lose your rights yet don't want him to trash the place. Sometimes you lose, sorry.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 6, 2012, 03:58 AM
    All right so you leased your condo to this girl. She left before the lease was up and her boyfriend stayed. When was the lease entered into, when did it expire and when did she leave?

    This should have been handled pretty simply. This site: South Carolina Eviction details the process.

    If he wasn't paying rent, then you should have served him with a 5 day pay or quit notice. After 5 days you file with a magistrate for a writ of ejectment. Once that is granted, you hire a sheriff to physically remove him. This should not have taken more than a month in total. So it appears you have not been listening to the proper advice.

    Also, have you filed a suit against the girl you leased to? She is responsible for the rental and damages.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 6, 2012, 05:32 AM
    Quote Originally Posted by myrtle1183 View Post
    ... We have served eviction notices which on one time has passed but we have been told many others have to be filed which may take weeks to get him out. ...
    Why did you serve more than one notice? You were told wrong. Assuming at least one of the notices you served was correct, you should file in court now.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 6, 2012, 05:33 AM
    Yes, you file for an eviction, real simple. As to enter, of course you can enter, give 24 hour notice that you WILL enter, if he refused, call the police or a lock smith or what ever.
    Don't you just have a key to go in with ?

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