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Molivia B | I live in sc and my boyfriend and i have been living together for 2-1/2 years how do i evict him? |
I live in sc and my boyfriend and i have been living together for 2-1/2 years, his name is not on the lease my name is the only one on the lease, but the landlords were aware he was living there. How do i get him to leave. he refuses saying he has rights. |
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Vickie May
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Some of the answers above me are mistaken, You can google roommate eviction in South Carolina & you will see what I found for yourself
I am trying to find the information you need , & so far this is a semi- informative site I found*
Evicting a Roommate
Before proceeding with roommate eviction proceedings, be sure to consult a fair ... South Carolina College Scholarships & Grants · South Dakota College ...
http://www.scholarships.com/Evicting-A-Roommate.aspx - 90k - Cached - Similar pages
From everything I have looked into on this you will either have to get the landlord to help you with the eviction, since you are the lease holder. & use legal means to have it done. You can not put his belonging out & change the locks , without proper legal eviction notice. He is right , if you do not follow the proper legal procedures , you could find yourself being sued, for illegal eviction.
I would go to the county court house & ask the clerk there what are the proper steps, & what must you file, to insure you are within your rights, & not violating his, I know this is a pain, but better to do it properly, it will be cheaper than finding yourself sued. Good luck |
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TK
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You should really consult a competent landlord-tenant law attorney. The fact that you are the sole lessee and may possess the legal right to dispossess your boyfriend/ex-boyfriend of his guest privileges, I assume he has no rights as a sub-tenant, doesn't mean that you will not be liable for damages related to contract or tort claims he may make against you.
It would be safest for you to proceed with the advice of an experienced attorney, who may well urge you to execute an agreement with your boyfriend/ex-boyfriend that gives him a financial incentive to leave peacefully and simultaneously limits your liability for any claims he might make against you. (Defending such legal claims may be an expensive proposition.)
The other option is to ask your landlord to release you from your lease and then move to a new apartment without your boyfriend, who presumably would stay in the old apartment and assume the terms of the old lease with the landlord's consent. Is that possible, or is the current lease such a good deal that it is worth this fight?
I'm sorry you find yourself in such unpleasant circumstances. Talk to a competent landlord-tenant attorney first, and then make your stand.
Good luck. |
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Ross
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I don't think you could evict him, you guys live together sharing a home. You are not a landlord, he is not your tenant. You want to kick him out of the home you have together. In some states if he receives mail than according to the law he has a right to be there. The fact that he is not on the lease will mean little in that regard. If there are laws against him living there because he is not on a lease than the landlord would probably have to be involved. |
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Trouble
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You are the only one on the lease, but your boyfriend does have rights. At the very least he is YOUR month to month subtenant by default as provided by the landlord tenant laws of your state. He has no lease with the landlord, his lease is with you. You allowed him to move in. If you want him out, you will have to do so on your own. The landlord is not going to go through the eviction process - which costs a pretty penny - due to your problems.
He is a legal occupant and you cannot just "kick him out", lock him out or put his possessions out.
The police will not make him leave. It is not a criminal matter. The police will tell you to have him evicted.This is a civil matter that must be resolved through the court.
In fact, if the landlord were to evict, he is legally demanding that possession of his rented property be returned to him. The landlord cannot demand his property back unless you, as his sole tenant, as well as all occupants, your boyfriend are named in the suit. You would have to be evicted as well.
Your only choice is to give your boyfriend proper written notice terminating his month to month tenancy - look up the requirements per SC landlord tenant laws.
If your boyfriend does not leave per the notice, you will have to pay for and file for an eviction through the courts.
Once you receive the judgment against him, if he still does not leave, you will have to go to the sheriff's office and file to have him forcibly removed by the sheriff. The sheriff will set a date to put him out. |
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mack
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Explain the situation to your landlord. Then send your boyfriend a registered letter asking him to vacate. When he doesn't, change the locks.
Or, simply give your landlord notice that you intend to vacate (consult your lease.)
My concern is how your state defines common-law marriage, and if your boyfriend will have any legal rights from the time you've lived together. You best bet may be to just move. |
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Alterfemego
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Well one question that comes to mind is; is SC a common law state? Meaning if you live together for a period of time, are you legally considered married in that state? If not,then tell him to leave. If he doesn't, have the police come over while you evict him. |
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Pojo
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You give him a 30 day WRITTEN notice to vacate (this will insure that you follow a month to month lease he may claim he has, does he pay part of the rent). After the 30 days call the police to assist him out of the apt.
Then see if the landlord will change the locks, after the 30 days, at your expense.
Here are the common law marriage states but make sure the info is up to date by checking with your own state agencies
Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C. |
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deepinxs
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talk to him and give him at least two weeks yeah he has right if he used to pay bills or rent |
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Patricia C
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He has no rights. If he has been paying part of the rent, give him a 30 day notice to vacate. If he doesn't, call the Police. |
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Expert Realtor
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He has no contract with the landlord, you do.
You and him have a 30-day contract. Give him a written notice to get out in 30 days or go to court to evict him.
The landlord cannot do it. |
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glenn
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I doubt he has rights. If you were married he would have a right (Is there a common law marriage law there? Maybe he is claiming that).
When you have a place rented to someone the first thing is to serve notice. If they don't get out you go to court and the court serves notice. If they don't get out then the court sends a representative to help (around here a constable). The renter can appeal to a higher court. I would bet he will say he is a renter without a lease and use these laws. You will probably need a lawyer anyway- I would hire one and ask for their ideas. Perhaps a threatening letter from an attorney is all you need. |
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andre61
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The fact is that the name on the lease is the sole legal person responsible for its terms. So your boyfriend has not a leg to stand on in short you can change the locks and he will call the police. They will determine that the leaseholder is within their rights and that will be an end to it.Or you can contact the Landlord if their permission is required for the lock change. |
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