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    xxangiexx70's Avatar
    xxangiexx70 Posts: 2, Reputation: 1
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    #1

    Apr 11, 2008, 06:52 PM
    What's the legal eviction process?
    I have a serious ? About the eviction laws in South Carolina my parents received a 10 day notice to be evicted and the caught the rent up which was only a months worth the landlord told them they could stay so when it was time for the landlord to collect the rent for the current month the said they were coming by toget it and never showed so my parents called and called then the next day they were served with a 24 hour eviction notice to get out they have custody of 3 grankids of theirs from my brother under the age of 5 and I didn't think the was legal can someone help me please
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 11, 2008, 06:57 PM
    There are links to state laws at the top of this forum.

    Generally, a landlord can give an initial vacate order. If the tenant ignores that order, the landlord has to then go to court to obtain an eviction order. At the hearing they can argue the landlord never showed to collect the rent.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 11, 2008, 06:58 PM
    Was the notice they received from the court, or just from the landlord.
    The legal procedure will be a court hearing where they can state their facts and provide evidence, and the landlord will do the same.

    Do they have a lease ? Are they a month to month rental? They can ask the judge for additional time and many other things
    xxangiexx70's Avatar
    xxangiexx70 Posts: 2, Reputation: 1
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    #4

    Apr 11, 2008, 07:09 PM
    Theydidnt have a lease and they picked up the back rent just not the current rent and the 10 day notice was from a judge but they lived month tomonth there for 5 yrs
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 11, 2008, 07:12 PM
    If the current rent was due on the 1st, then it is late, so if they can not make that up at court, it is very likely unless they reach an agreement with the landlord that the judge will rule in favor of the landlord and allow the eviction. Because of small children, if they have legal custody of the children ( or maybe if they don't) they may ask the judge for additional time to move, so the judge may allow 30 days, but then they may not either

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