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lgassct · Aug 5, 2007, 10:12 AM

I am trying to determine the SC laws related to evicting someone who has lived in you home as a guest for more than 30 days.

Thanks,

rosehillraymond · Aug 5, 2007, 10:37 AM

First, I would go to my local magistrate (Summary Court Judge) and ask him.

excon · Aug 5, 2007, 11:22 AM

Hello lg:

Look up the laws on trespassing. Eviction has nothing to do with that.

However?? I wonder why you would look up laws concerning a trespasser. I'd just call the cops.

excon

rosehillraymond · Aug 5, 2007, 11:35 AM

I think eviction is the right idea. I think your magistrate will tell you that, in SC, a person who has lived in your house as a quest for 30 days is NOT a trespasser. After you achieve eviction, then the person may become a trespasser. I don't think the police (Sheriff, City Cops, etc) can solve your immediate problem unless the person has harmed or threatened to harm you. However, you may benefit from calling the police if they give you some guidance on how to proceed.
Good luck

excon · Aug 5, 2007, 01:19 PM

Hello again, lg:

You evict tenants. Guests who have outlived their stay AREN'T tenants. They're trespassers. You don't evict trespassers!

IF they paid rent or a utility bill they're tenants. If they paid nothing, call the cops. Don't ASK the cops for legal advice either. Tell 'em to come get this trespasser out of your house.

We appreciate new people giving advice. It's better, however, if the advice given is based upon the law.

excon

rosehillraymond · Aug 5, 2007, 01:38 PM

Please let excon know how this turns out for you.

Good Luck

excon · Aug 5, 2007, 02:26 PM

Hello rose:

This isn't the first time we've heard this question, and this isn't the first time I've answered it.

I was very clear about my advice. Here are the reasons. If you were to call up the cops and ask them how to get a friend out of your house that you allowed to stay, I promise you they'll tell you that you have to evict them.

Will they tell you this because it's the law?? No, they'll tell you this because the way you phrased the question indicates that this is something they can blow off and do regularly. That's why lots of people (you included) think you have to evict trespassers.

However, if you call the police to report a trespasser rather than calling to ask advice, I promise you, you'll get a different response.

Furthermore, I'm confident enough that my advice is correct; I don't need to get a report.

excon