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    needhelp9933's Avatar
    needhelp9933 Posts: 1, Reputation: 1
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    #1

    Jan 14, 2011, 10:42 AM
    Eviction
    How to evict two adult sons who do not pay rent? We live in SC.They do not pay rent.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Jan 14, 2011, 11:22 AM

    Exactly the same way you would evict any other tenant who does't pay their rent. You can serve them a 3 day pay or quit if you really want paid... or give them a 30 day notice that their tenancy is being terminated due to none payment of rent, and that they have 30 days to move out. Have it properly served and recorded according to your state law.

    After 30 days, if they are still there... go to the court with the proof of noctice... and file for eviction. Then let the sherrif deal with putting their stuff out.

    Family, friends or Tenants... the law is the same for all.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 14, 2011, 11:27 AM

    Well its not quite the same way. You can't serve them with a pay or quit notice if there was no agreement to pay rent. If there was no such agreement, then they are considered periodic (month to month) residents. You have to serve them a 30 day termination of tenancy first. If they refuse to leave within the 30 days, then you need to file, with your local housing court, for an eviction order.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Jan 14, 2011, 11:31 AM

    Good point on the rent payment side... I read into it that literally they weren't paying rent... not that they may never have been expected to pay rent in the first place which is likely the case on a reread..
    peterbranton's Avatar
    peterbranton Posts: 123, Reputation: 2
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    #5

    Jan 14, 2011, 11:52 AM
    It sounds like your under siege, you need a neutral person to sternly advise them to pay or contribute in effort etc as it also sounds like you would like them to stay if they paid
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 14, 2011, 04:53 PM

    Quote Originally Posted by peterbranton View Post
    it sounds like your under siege, you need a neutral person to sternly advise them to pay or contribute in effort etc as it also sounds like you would like them to stay if they payed
    You are new here. So you may not be aware that the law forums (like other technical forums) require answers that conform to technical specs. In this case, since this is the RE Law forum, answers need to deal with the actual statute or legal process.

    If the OP had asked how to deal with sons that don't contribute to the household your answer would have been appropriate. But the questions was how to evict. Therefore your response was inappropriate.
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