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brandybugg418 · Oct 23, 2007, 10:43 PM

We are having a problem and I'm looking for a little advice... ok here goes... We own 12 acres of land in sc. Our immediate family are the only ones that have the right to stay on it unless given permission from my mom or uncle... they are the ones the lands name is in.. My brother allowed my 18 year old cousin to move into his mobile home which is being mortgaged by vanderbuilt.. since she has been back there behind me I have a steady stream of cars in and out my drive.. thes people are very undesirable Ie drug dealers drug addicts etc... she has them staying the night and coming as they please even when she is not there... my mother told her she had to move and she increased the traffic coming through... so my mother had her served with eviction papers... however we were not informed of how many days she had to move... What is the general range of days to be out after being served. I have heard ten, fourteen and thirty... I hope its not thirty... the reason my mom gave for eviction was undesirable tenants and unlawful activity she filled out the papers yesterday morning they were there at 230 pm to day to serve her. I assume they took that as an immediate need to have the property vacated. If she is for some reason given thirty days what rights do I have to keep these friends of hers off my property... thank you

excon · Oct 24, 2007, 06:11 AM

Hello brandy:

At the top of this forum, you will find ALL the states landlord tenant laws. Go find the one for SC. Read it and then do what it says.

While they are tenants, you have NO rights to tell them who can visit.

excon

ScottGem · Oct 24, 2007, 06:17 AM

Genrally the eviction process goes like this:

Step 1-serve tenant with notice to vacate. This notice usually allows 3-7 days.
Step 2-if not out within time frame, then petititon for an eviction notice which requires a court hearing
Step 3-court hearing is held and either eviction notice denied (rarely) or an eviction order is given, such an order usually gives 3 days to vacate
Step 4-hire a sheriff to physical remove the tenant

Wherever your mom went to fill out the papers is where you get answers to specific questions about your area. The notice to vacate that was served should have included a time frame.

brandybugg418 · Oct 24, 2007, 11:18 AM

So your saying even though this is our property... private property at that we can't tell drug dealers and addicts to stay off it... my brother never actually had permission to let her move back there, the only property that is his is the home and it in actuality belongs to vanderbuilt the land belongs to my mother and my uncle... I can't put trespassing notices up to keep them from my drive which is not her drive but yet they use it because they are too lazy to go 30 extra feet down the road to use hers. This is just so stressing... my mom told her to move over three weeks ago that was her first notice and she was making no moves to get gone so she had her served. Im just hoping this doesn't take more than two weeks to get her gone from back there... thank you so much for your response

ScottGem · Oct 24, 2007, 11:39 AM

If you know illegal activities are going on, get the police to do a raid. They can remove her. But once she was allowed to move in, even though she didn't have the right permissions, its safer to go through a formal eviction.

Again, I don't the exact steps, but the agency where your mom filled out the forms and got official service should be able to tell you the exact procedure and timing.