If my landlord is trying to evict me without going through the local magistrate, what should I do?

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If my landlord is trying to evict me without going through the local magistrate, what should I do?

My 2 sons (15 and 17) live with my parents. I pay my mother $500 every month but we have no official lease agreement. I got into an argument with her recently and she called the police on me; she was intoxicated. They told her that I was doing nothing wrong and if she wanted us out she needed to get us legally evicted. They told her how to begin the process; through the county magistrate. Today however she gave me a document that said I must leave within 30 days. It wasn’t served by a process server and no notary public signed it.

Asked on March 31, 2012 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Without a written lease, you are a month to month tenant. A landlord may give a month to month tenant 30 days notice terminating the tenancy, and the notice does not need to be served by a process server or be notarized. (Just as you could choose to move out on 30 days notice.) If you do not move out when the 30 days are up, at that point, the landlord may institute eviction proceedings in court to evict you. The summons and complaint at that point (the court documents in regards to the eviction proceeding) would have to be served the proper way, as set out by your state court rules.


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