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nicecuagain · Apr 2, 2015, 08:10 AM

Hi all, I live in Columbia SC.
- I moved in with a colleague in Feb 15 with 1/2 year lease.
- The lease is under my name only and I have only a verbal agreement with him to split rent + utility.

He had paid me the Feb rent, and as of now, he owes me 2 month rent and 2 month utilities ($1000+). I've already talked with him about this, he doesn't seems to have any reason to NOT have any money. Just now, He told me he'll get me some cash, but laughs when I asked him for the whole amount (I don't feel it's wrong of me to get all the money he owes since I do not trust his words anymore).

He earns more than I do, but now I'm paying for 2 people! I can't take it anymore! I'll try to contact his parents to help into getting him to pay. But in case that fails, I feel like I should collect all the info before I evict him. Could someone with legal knowledge help me or at least point me towards the right direction? Is there a SC legal department I could talk to?

Thanks.

Fr_Chuck · Apr 2, 2015, 08:17 AM

You will need to give him notice to move for non payment (pay or quit notice) and if he does not, you file legal eviction in court.

If you want an attorney to do this, you will have to hire one. Most of the eviction forms are easy. You may also need to file a law suit in civil court for payment

nicecuagain · Apr 2, 2015, 08:39 AM

Thanks Fr_Chuck, would you recommend I hire a attorney in this case? I've never hired one before, I don't know anything about the cost and steps. Also, would you know if I need to tell my landlord or get him involved? Thanks

AK lawyer · Apr 2, 2015, 08:41 AM

... Is there a SC legal department I could talk to?

Do you mean a state agency? Each state has a legal department, often called an attorney general's office, but I can't imagine they would be able or willing to help you evict a month-to-month subtenant as in this situation. You will need to either hire an attorney or do it yourself. Your local clerk of court may have forms for you to use.

ScottGem · Apr 2, 2015, 05:00 PM

You can find Notice to quit forms online Here's one place: South Carolina Notice to Quit

SC law allows you to give him 5 days to pay in full or vacate. So give him written notice tomorrow and tell says you expect payment in full by next Friday or for him to leave. If he doesn't leave by Friday then the following Monday you go to your local housing court and file for an eviction order.

Being a landlord is a business, you have to treat it as such. You should never have let him get more than a few days without paying. In fact, you should have never taken on a roommate without a written agreement.

Once you file in court (and during the 5 days you find out what court you have to file in), a hearing will be scheduled. At the hearing an eviction order will be issued unless he can convince the court that he shouldn't be evicted (hard to do). If he still refuses to leave, you will have to hire a sheriff to physically remove him. In the meantime you can file suit in small claims court for the money he owes. Wait for the court hearing, because the judge may award you a judgment that you can use to collect.