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

    Jun 6, 2014, 10:10 AM
    Sc eviction laws without lease
    my ex boyfriend refuses to leave without an eviction, he has never paid a bill, broke down my bedroom door and terrorizes me my best friend and her kids on a daily. He has no lease, I alone own my home. Do I have to deal with his hatefully childish ways for another 30 days?

    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 6, 2014, 10:14 AM
    He's got a lease... its called a month to month lease, legally it is the default in the absence of a written one... and you have to properly serve him in writing and allow the proper time to leave. In South Carolina, that's 30 days. If he doesn't leave after then.. you have to file in a court to have the eviction enforced... which might take a few more weeks depending on the caseload of the court. If you win that the SHerriffs will put him and his stuff out to the curb.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jun 6, 2014, 11:22 AM
    The absence of a written lease does not mean he is not a tenant/resident. You allowed him to live in your home giving him residency status. That gives him the same rights as a tenant.

    However, there are some alternatives here. If he has been violent and threatening, have you reported this to the police? If there is a police record you can ask a court to issue a restraining order to keep away.

    Another thing you don't say is whether he was paying rent or there was an agreement to share costs. If there was and he is not paying, then you may be able to use a pay or quit notice to move faster than the 30 day notice.

    But the bottom line is, as a resident he is entitled to a written notice to vacate with a time frame according to statute. If he doesn't vacate, then you will need to go to court for an eviction order.

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