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Fed up in SC | I live in SC and have a friend staying in my house. How do I legally evict him from the premises? |
We have a verbal agreement only however he has not maintained a decent level of cleanliness in my personal home. I would like him out asap and want to do it as legal as possible. What recourse do I have to remedy this nightmare? |
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BoomChikkaBoom
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If you just throw his stuff out, you will be sued, arrested or both. You can't dispose of property that does not belong to you in this country. All the people telling you to do so are not going to bail you out of jail, pay your legal fees and pay the damages he will win if he sues.
He's not a guest. You allowed him to live there ... not just stay for a weekend. As so, he has rights. You need to find out the legal process for eviction or ejection and follow it. |
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mama_sayed
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If he is paying rent, you must give him 30 days written notice. If he is living there gratis, one week should be sufficient. If he refuses to leave, you may be forced to go to a judge and have the police escort him off your property. Depends on SC laws. |
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MM C
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Give him a 30 day notice to move in writing and hand it to him. Record the date and time you serve the notice. This is the only legal way to ask him to leave. Save a copy for your record. |
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chey86
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first... how long has he been there? if he has been there for more than 6 months you have to give him a 30 day eviction notice... |
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John H
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Ok, if you wanted to go to the most legal point, get a restating order. If you don't want to do that, call his mother and or father, tell them what has happened, if that does not work, call 911, tell them you had a verbal agreement that he can stay, but your home has gotten very dirty, and this was not in your agreement. If this does not work, drag, push, and do what ever is necessary. |
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Kari
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File a complaint with the small claims court.
Smal claims court is set up for simple cases such as this.
And do not require an attorney since the hearings are informal and desiged for this.
Claim for any lost monies through damages, rent, etc. and have estimates for repairs.
You can also recover the cost for filing in most states.
During the hearing, the judge to will also set an eviction date.
If he doesn't show up for the hearing, you win by default so it's actually to your advantage.
Anytime someone establishes a residence either through manipulation or legal contract. There's nothing the police can do.
Some verbal contracts will hold up in court since the judge goes by the preponderance of the evidence.
In other words, who he/she believes more.
Sounds like you have the upper hand as far a credibility.
The police then can have him removed with the court order.
But it shouldn't come to that in most cases.
Good luck! |
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ssparkle63
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It has to do with the laws in SC----------- did you ask him to live there and so on. seek legal aid, or a lawyer.. |
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georgia_juggalette09
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If he has lived there for a month or two+ you legally have to give him 2 weeks notice.
Since you have just a verbal agreement && it's not a signed contract...no proof for anything so even if you told him to leave tomorrow there's nothing he can really do. |
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**Jack's Baby**
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how long has he lives there? if its more then 6 months he is a resident and you need to give him a written 30 day notice, id give him the 30 day notice anyway and if hes not out in 30 days throw his **** out by the street and he cant do anything bout it |
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yellowcellica
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He has no right to be in your house if you have no contract, so just tell him to get out and if he doesnt call the cops |
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Jelly B
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There are too many stall tactics for tenants to serve notice and eventually get a sheriff to drag him out.
Dump his stuff outside and change the locks. Then he'll be the one stuck out in the cold with a lame bureaucracy to deal with.
Since there's nothing on paper, he's screwed. Buy a gun or a dog to keep him out if you have to. |
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A Person
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post a complaint |
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.
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Does he recevie mail from your house address?
If so --that's proof he lives there.
I liked Jelly B.'s answer...maybe toss his stuff out and change the locks since --if there's no mail received...he isnt having proof he lives there.
If not..and if you can';t stand him at all...call the police and have him removed as tresspassing. There's no proof that he is your tennat...say he was a house guest and now that it's time to leave, he refuses to go.
If you want him to leave in a peaceful manner, maybe give him a month's notice to move...but first, to be sure--I'd call the landlord tenant board in your city and ask them the best course of action...or talk to another landlord and ask him the official corse of action--I think it may not be that easy...unless you were to say that you're moving. |
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111111 111111
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ex friend |
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nohindrance
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http://www.spartanburgmagistrates.com/information/evictions.htm
hopes this helps |
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Jonas J
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call the police..easy.. |
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