South Carolina Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

SECTION 27-37-160. Execution of writ of ejectment. 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.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

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.

Can Tenants Withhold Rent in South Carolina? Under South Carolina law, tenants may withhold rent if the landlord fails to provide essential services such as heating systems, water supply, good sanitary conditions, and maintenance.

A Notice to Quit is filed when the defendant lives with the plaintiff. This must be served in person, and gives the defendant five days to vacate or request a hearing. If the defendant does not comply, the plaintiff can file a Writ of Ejectment (see below).

Non-renewal of lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease term ends (and have not arranged for a renewal).

South Carolina Eviction Process Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice5-30 daysIssuance and Service of Summons and ComplaintWithin 120 daysCourt Hearing and Judgment10 daysIssuance of Writ of Execution5 days1 more row ?

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South Carolina Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term