How to remove someone from my property who does not pay rent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to remove someone from my property who does not pay rent?

I allowed my daughter and son in law to put their trailer on my property 3 years ago and rent free. They have done nothing but destroy the property and because they got 2 German Shepherds without asking me and I do not want the dogs on the property, they are leaving. However, this process has been going on for 6 months. They moved everything out of their trailer but it still remains on my property. Since they do not pay rent how do I get them to get their personal property trailer and pig off my property?

Asked on June 19, 2019 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file an action for "ejectment"--think of ejectment as "eviction for people who are not rent paying tenants." It evicts not just them but their possessions, too. Your daughter and son-in-law have no right to be on property you, but not they, own--they are there only with your permission. You can revoke that permission at any time and if they still don't go, you can bring a legal action (lawsuit) against them to get a type of court order commonly called a "writ of possession" to have the county sheriff remove them and any possessions or belongings they left behind.
Ejectment actions are very technical in that a minor mistake in the procedure or paperwork can require you to start over and try again. So while you have a 100% right to remove them from land you own and they don't, if they are not rent paying tenants in good standing, you have to do it properly. Do yourself a favor, and hire a lawyer to help you; the lawyer will also help provide an emotion "buffer" between you and them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption