getting renters out

I am renting my South Carolina home and the renters are 2 months late with the rent. we had no legal lease and I want them out…what are my options?

Asked on October 8, 2017 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is no written lease, then your renters have a month-to-month lease. This means that at the end of the month you can give them a 30 day notice to vacate. If they leave on or before the end of the 30 days, you can sue then in small claims court for any rent owed. If the don't leave after the time given, then you will need to file a "unlawful detainer" (i.e. eviction) with the court. Once the judge finds in your favor, then your tenants must vacate the premises. If they don't then you can them removed by the sheriff if necessary. In the meantime, take no self-help measures such as changing the locks, removing their belongings, etc. If you do, then you can be sued for unlawful eviction.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is no written lease, then your renters have a month-to-month lease. This means that at the end of the month you can give them a 30 day notice to vacate. If they leave on or before the end of the 30 days, you can sue then in small claims court for any rent owed. If the don't leave after the time given, then you will need to file a "unlawful detainer" (i.e. eviction) with the court. Once the judge finds in your favor, then your tenants must vacate the premises. If they don't then you can them removed by the sheriff if necessary. In the meantime, take no self-help measures such as changing the locks, removing their belongings, etc. If you do, then you can be sued for unlawful eviction.


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