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South Carolina Application for Ejectment

Category:
Statewide - Appellate Courts
State:
South Carolina
Control #:
SC-SKU-1451
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PDF
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Description

Application for Ejectment
South Carolina Application for Enactment is a legal document used by landlords or property owners to evict a tenant from their property. This document is also known as an Unlawful Detained Action. It is used when the tenant has not paid rent, violated the terms of the lease, has remained on the property after the lease has expired, or is otherwise in breach of the agreement. The South Carolina Application for Enactment must be filed with the Magistrate Court in the jurisdiction in which the property is located. The South Carolina Application for Enactment includes the name, address, and telephone number of the landlord, the name and address of the tenant, the date of the lease agreement, and the reason for eviction. There are two types of South Carolina Application for Enactment: Summary Enactment and Formal Enactment. Summary Enactment is used for more minor violations of the lease, such as late rent payments, while Formal Enactment is used for more serious violations, such as property damage or criminal activity.

South Carolina Application for Enactment is a legal document used by landlords or property owners to evict a tenant from their property. This document is also known as an Unlawful Detained Action. It is used when the tenant has not paid rent, violated the terms of the lease, has remained on the property after the lease has expired, or is otherwise in breach of the agreement. The South Carolina Application for Enactment must be filed with the Magistrate Court in the jurisdiction in which the property is located. The South Carolina Application for Enactment includes the name, address, and telephone number of the landlord, the name and address of the tenant, the date of the lease agreement, and the reason for eviction. There are two types of South Carolina Application for Enactment: Summary Enactment and Formal Enactment. Summary Enactment is used for more minor violations of the lease, such as late rent payments, while Formal Enactment is used for more serious violations, such as property damage or criminal activity.

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FAQ

If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out.

You have the right to appeal the decision that the judge or jury makes in your case. If you appeal, you will be asking a higher court to look at your case. If you lose your eviction case and you want to stay in the rental property, you must file an appeal and pay an appeal bond within five days of the decision.

The constable or deputy sheriff should give the occupants 24 hours to vacate voluntarily. If the occupants refuse to vacate within 24 hours or the premises appear unoccupied, the constable or deputy sheriff shall announce his identity and purpose.

An eviction is of a party that has a legal right to occupy property usually through a lease. An ejectment is against a person who has no legal right to occupy property.

Step 1: Landlord Serves Notice to Tenant. A landlord can begin the eviction process in South Carolina by serving the tenant with written notice.Step 2: Landlord Files Petition with Court.Step 3: Court Holds Hearing & Issues Judgment.Step 4: Writ of Ejectment Is Issued.Step 5: Possession of Property is Returned.

Section 27-37-160 of the South Carolina Code of Laws provides: "In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily.

Upon a verdict for the landlord, the magistrate should issue a writ of ejectment and possession within five days, and the tenant should be ejected by the constable or sheriff. (§ 27-37-100). The constable or deputy sheriff should give the occupants 24 hours to vacate voluntarily.

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More info

Complete the Application for Ejectment form. 2. Submit the original application plus three (3) copies.Complete the application for ejectment. Retain copy of signed execution. Instructions to Proper Officer. 1. APPLICATION FOR. EJECTMENT. (Eviction). DEFENDANT(S). Items 11 - 19 — (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code. You can start an eviction (unlawful detainer) case if your tenant didn't do what you asked for in the Notice and the deadline in the Notice has passed. Grounds for ejectment of tenant.

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