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Five steps to evict your tenant

Five steps to evict your tenant
Axelrod & Associates, P.A.

If an unsolvable problem occurs between you and your tenant, you may be inclined to evict them. Evicting a tenant can be a frustrating and costly process, following these steps may make the process a little easier.

1. Have a valid reason to evict

You don’t want to start evicting your tenant unless there is legal reason to evict. According to South Carolina law, failure to pay rent, violation of the rental agreement, or illegal activity on the premises of the rental property, are cause for eviction.

2. Give a formal eviction notice

There are three types of eviction notices you can issue, depending on the reason for eviction. As a landlord, you are required to give your tenant a five-day notice before evicting them for past due rent.

If your renter has violated your lease agreement, you must give them a 14-day Notice to Cure. This notice informs the tenant that they have 14 days to fix the violation before you file an eviction lawsuit.

You can file an eviction suit against your tenant immediately, if they have participated in illegal activity on your property. This type of notice is called an Unconditional Quit Notice. Upon issuing this notice, you are able to start the eviction process.

3. Gather documentation

Be sure to have your documents ready to present to the court. Some of the documents you will need include, your lease agreement, records of pay received and when it stopped, communication records regarding the reason for eviction, a copy of the eviction notice and any other relevant documents.

4. Present case

Work with your attorney to accurately follow the law throughout the eviction process. Make sure that you have a solid case against your tenant before eviction.

5. Evict the tenant

The final step is eviction. If you win the case, the court will inform the tenant that they have a set amount of time to move their property out of the rental space. If your tenant does not leave in the given amount of time, you can call your local Sheriff department to have the tenant removed.

Do not go into the property and remove the tenant’s belongings yourself. Doing so may result in legal charges against you. Once the tenant has left the premises post eviction, you may discard the rest of their property as stated in the eviction notice.

As a landlord in South Carolina, you must follow the law and adhere to all standards. If you do not follow SC eviction law, you may lose the case.

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