Need to evict someone from my house

UPDATED: Sep 30, 2022

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Need to evict someone from my house

I have a friend of my wife’s and her 2 kids staying with us. They have been here close to 2 years. The only way she contributes to our house is 300 dollars a month that she gets in food stamps from the government, which doesn’t go very far in a house with 7 people. The room we gave her is a mess, you’d think a crack head lived in it. She owes us 400 dollars for money we paid out for her son, that was originally agreed that she would pay. We have no lease agreement, we literally took her in off the street. How can I get her out of my house?

Asked on February 23, 2017 under Real Estate Law, South Carolina


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

Answered 6 years ago | Contributor

Since she pays rent or a form of rent (i.e. the food stamps), then she will be considered to be a "tenant" in the eyes of the law. Accordingly, as a "month-to-month" tenant (i.e. one without a written lease), you can give her a 30 day notice to leave the premises. If she fails to vacate within that time, then you will need to file an "unlawful detainer" (i.e. eviction) in court. At this point, you should contact an attorney who specializes in these case; they can best advise you further.  

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 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.

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