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carlajc843 · Feb 21, 2011, 07:21 AM

Me,my husband and,my brother leased a house together( I know bad idea already).We have ben here 6 months.we love the home.our landlord and the area.We hate lving with my drunk mean hateful nrother.He is unstable and does not remember half the things he says and does.My neighbors do not like him,my landlord does not like him and it has just been a huge distater.My landlord is willing to evict him if I pay for it.I am all for that but my issue is he will push it to the end,we will end up with "missing or boekn"property and won't be able to prove how it happened or who did it.I feel like a prisoner in my own home I have to have some here at ALL times.I have tried to talk to to him and asked to move,find another place,etc. He refuses so I have to evict but if he fights it how long could it take in SC?I just do not want to go through this anymore and don't know what all of my options are.If anyone out there knows SC law and can let me know how long evction takes here and if he refuses to leave and if he destroys or steals property from the home?? I would be very grateful.Thanks

ScottGem · Feb 21, 2011, 07:57 AM

First, is he on the lease? If he is, the landlord may not be able to evict him singly.

Second, Has he violated the lease terms in anyway? In other words what grounds do you have to evict? I'll assume you have a years lease. If so you have to have a legal reason to get him out.

Third, the length of time for an eviction depends on local case load. The landlord can give him a 14 day termination notice (see South Carolina Evictions) if there is a violation of the lease. If he is not gone by then, the landlord has to go to court for an eviction order. This can take anywhere from a couple of weeks to a couple of months.

What I would recommend is consulting with a local real estate attorney. They will know the local courts and can advise how long this may take.

Finally, as for damage or theft. You need to make an inventory of everything. Anything that has been damaged or is missing as well as unpaid rent, you can sue him over.

One other point. If he becomes violent and abusive you can call the police and file a complaint and maybe get a restraining order. That can shortcut the process.