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    sus40's Avatar
    sus40 Posts: 3, Reputation: 1
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    #1

    Oct 8, 2011, 12:38 PM
    SC eviction?
    My tenant has not paid in several months and has stopped communicating. I sent the 5 day notice and the 5 days have passed. What is my next step? I live in Florida but can come to SC. The property is in SC.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 8, 2011, 02:24 PM
    Why did you wait several months? Have you had someone check the property? But your next step is to go to the local court and file for an eviction order. You might consider hiring a local attorney to represent you, it might be cheaper than going back and forth.

    South Carolina Evictions
    sus40's Avatar
    sus40 Posts: 3, Reputation: 1
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    #3

    Oct 8, 2011, 03:35 PM
    Thanks, Scott. My tenant had had some bad luck and said she would pay everything when she got a settlement from her accident. Last month she had said in a text that she would begin paying rent again but did not. Since then she does not answer her phone or texts or letters.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 9, 2011, 05:44 AM
    I will say this, if you are not rich and want to run a charity, start taking renting a home as a business, perhaps you should hire a management company or real estate company to manage your property for you, if you have a hard time saying get out.

    Your biggest fear now should be they have not stripped the house out and sold everything possible. I have seen them where the copper pipe in the walls were even ripped out and sold.
    sus40's Avatar
    sus40 Posts: 3, Reputation: 1
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    #5

    Oct 9, 2011, 07:16 AM
    I am specifically interested in South Carolina procedures. Here in Florida, if there is no response to the 3 day notice, we go to the courthouse and buy a packet with a flow chart that details the steps to take next. Eventually if all else fails, the landlord pays the sheriff to remove the tenant.
    I've heard evictions are easier in SC.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 9, 2011, 07:38 AM
    Here is the applicable law: S.C. Code of Laws Title 27 Chapter 40 Residential Landlord And Tenant Act - www.scstatehouse.gov-LPITS

    The specific portion you are interested is in 27.40.710(C):
    complete a form writ of eviction and present facts to judicial officers on behalf of his landlord/principal in support of an action for eviction

    Where SC does make things easier, is that, if the lease agreement specifies what happens if the tenant does not pay rent on time, then no additional written notice is needed. Also, once a written notice is given, it does not have to be repeated for subsequent non-payment. But neither affects you since you have already served a 5 day notice that has been ignored.

    So your next step is to file with the local magistrate's court for a writ of execution. The tenant will be given a hearing to show cause why she shouldn't be evicted, but given the facts, I don't see any grounds. If she still fails to vacate once the writ is granted, you hire a sheriff to physically remove her.

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