South Carolina Writ of Ejectment (Eviction)

State:
South Carolina
Control #:
SC-SKU-1453
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Writ of Ejectment (Eviction)

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FAQ

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.

A Writ of Ejectment is a legal paper that says you must move or the sheriff will remove you and your belongings from the property. A constable or deputy sheriff will give the Writ to you, or post a copy on the door if the premises are abandoned.

During the eviction process, a landlord wants to force a tenant to leave the property. In an ejectment action, there is no landlord or tenant. There is also no lease, although the person being asked to leave the property has some rights to the property (either frivolous or legitimate).

Example: George lives on a ranch which he claims he has inherited from his great uncle, but Betty sues for ejectment on the basis that, in fact, she was entitled to the property through her parents.

While an eviction is begun by filing a unlawful detainer form that is brief and simple, an ejectment action is begun by filing a drafted complaint in Circuit Court. In an eviction action the Defendant has 7 days to respond after they are served with the complaint.

In South Carolina, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under South Carolina law. Even so, proper notice must first be given before ending the tenancy.

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.

The terminology eviction here means to expel or force one or more people from their property to move out. In the general sense, the term ejectment refers to casting out but in the legal sense, it is a legal process of compelling or throwing, or removing someone from their property or holdings.

More info

In North Carolina, an eviction case is called "summary ejectment. In North Carolina the eviction process is called SUMMARY EJECTMENT.After the landlord has obtained an eviction judgment, the landlord may request a "writ of possession", which allows the sheriff to remove you from the home. In North Carolina, the legal term for eviction is "summary ejectment. Notice to tenant of execution of writ for possession of property; storage of evicted tenant's personal property. (a) When Sheriff May Remove Property. A complaint to remove an unauthorized occupant from your premises does not get filed in landlord‑tenant court because there is no actual tenancy relationship. Original Writ of Ejectment. ▫ A service copy of the writ for each defendant. A Writ of Possession is an order from the Court which has previously made a ruling in favor of a landlord in an eviction case.

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South Carolina Writ of Ejectment (Eviction)