OT-Evicting a tenant from a rental property

[Golden Cock]

Wonder what Judge Judy would say?

 

[DC-99]

Wonder what Judge Judy would say?

 

[Gamecock Lifer]

Did you get a security deposit for damages? Nothing like evicting a tenant and then discovering they left the water running and flooded the place on purpose, trashed the walls, and left you with a ton of property damage. If I ever got into the rental game I'd require an up front security deposit of $1500, plus first 2 months rent (cash only) plus 5 references. That should keep the riffraff away.

That would keep EVERYONE away! You Renting mansions? Who TF could afford 1500+ 2 months? You can put a down payment on a decent house for much less than that!

 

[robertfootball]

That would keep EVERYONE away! You Renting mansions? Who TF could afford 1500+ 2 months? You can put a down payment on a decent house for much less than that!

You just made a great point, it's better to buy than rent.

 

[Rollerdude123]

Don't worry about it. Anyone on here believing you were giving legal advice isn't playing with a full deck.
Of course plenty of lawyers don't play with a full deck

Relating an anecdote is not the same as providing legal advice obviously. But perhaps that's why everyone hates you attorney because you twist people's words to make them into something that they really aren't.

 

[The Coup Nazi]

It's not rocket science guys. First post a dated letter on the renter's front door telling the occupant(s) you want them out in 5 days. Keep a copy of this letter for yourself. If the renter isn't out in 5 days, take your copy to the Magistrates office. Pay a fee and file an application for ejectment explaining why you believe the tenant should be evicted. If he isn't out within 10 days, the Court will schedule a hearing and all parties will be informed to attend. If the defendant doesn't appear, he's in default. The landlord can then post a 24 hour notice on the tenants door. If he's not gone in 24 hours, his stuff can be put out on the street. If the tenant does show for Court, after both parties testifies the Judge will find for the Plaintiff or the Defendant. If the finding is for the Plaintiff, the Judge will decide when the Defendant must be out.

 

[USCRBCOCK]

If it's a rent to OWN agreement, it's a whole different bowl of wax. You have to foreclose, not evict. Gonna take for-freakin-ever.

Good luck.

Go Cocks!!

 

[haneynfl]

It doesn't matter how you choose to label it, but it's your funeral, not mine. You may well have received the advice you quoted, but that lawyer would also tell you that every case is different, and that the same advice may be entirely inapplicable, or worse, in an only slightly different context. I'm done giving out free advice in any case, unless you are ready to pay my retainer.

P.S. You are privy to the same laws; Google is your friend. Can you imagine a world in which the laws by which we are governed are not accessible to the general public? Not a place I would want to live.

I don't see where you gave the OP any legal advise, which would warrant him paying you a retainer for additional advise. Did see where you were an .... to another forum member that was just giving his opinion......not legal advise. Glad you use Google to practice your law. Amazing.

 

[haneynfl]

It's not rocket science guys. First post a dated letter on the renter's front door telling the occupant(s) you want them out in 5 days. Keep a copy of this letter for yourself. If the renter isn't out in 5 days, take your copy to the Magistrates office. Pay a fee and file an application for ejectment explaining why you believe the tenant should be evicted. If he isn't out within 10 days, the Court will schedule a hearing and all parties will be informed to attend. If the defendant doesn't appear, he's in default. The landlord can then post a 24 hour notice on the tenants door. If he's not gone in 24 hours, his stuff can be put out on the street. If the tenant does show for Court, after both parties testifies the Judge will find for the Plaintiff or the Defendant. If the finding is for the Plaintiff, the Judge will decide when the Defendant must be out.

Sounds like someone with experience.

 

[wallycock]

I once lived in Columbia next door to a girl who was a paralegal at a major SC law firm who told me that one of the attorneys she worked for would take a file to the bathroom so he could bill clients for "thinking about their case" while he took a $hit. This attorney, like most, was literally full of excrement. Let's set the record straight. Cockferg did not give anyone legal advice. If you're one of the posters on here chastising him for doing so, then you fall into the same category as the one my paralegal friend worked for. You arrogant, thin-skinned, attorneys who think you're smarter than everybody else need to get over yourselves. If you're offended that I called you out, then you're one of them. If not, then you're one of the good guys.

 

[Johnnie Cockran]

I don't see where you gave the OP any legal advise, which would warrant him paying you a retainer for additional advise. Did see where you were an .... to another forum member that was just giving his opinion......not legal advise. Glad you use Google to practice your law. Amazing.

1. Advice is a noun, and advise is a verb. You give someone advice, not advise.

2. You clearly don't understand sarcasm.

3. This is my first time being a "jerk;" you are perhaps confusing me with another poster who was admittedly over the top earlier in this thread. I did not endorse that response.

4. The internet is a wonderful thing; you might try Google to find a dictionary in the future.

 

[Bongsummers]

cockyferg, as a licensed attorney in SC, the information you are providing is false. It is also a violation of SC Code § 40-5-310 to provide legal advice without a license, so consider that.

Well, hell, that makes this whole thread a violation of SC Code § 40-5-310. Everybody freakout!!!!

This is why people hate lawyers. Well, it's one of many reasons people hate lawyers.

 

[Bongsummers]

If you are relating what an attorney told you with respect to a legal matter, you ARE providing legal advice. In every case circumstances are different and the advice you were given may not be applicable to another's case.

As others have noted, if you don't want to hire an attorney, the magistrate's office is a great place to start. Most are very helpful.

So, what's the penalty for violating SC Code § 40-5-310? on FGF? And think about it - anytime you tell someone what a lawyer said, you could be violating SC Code § 40-5-310. This is serious business, people.

 

[Bigger_Stronger_Faster]

Q: What do you throw to a drowning lawyer?
A: His partners.

Q: What are lawyers good for?
A: They make used car salesmen look good.

Q: What do dinosaurs and decent lawyers have in common?
A: They're both extinct.

Q: How does an attorney sleep?
A: First he lies on one side, then he lies on the other.

Q: What do you call 25 attorneys buried up to their chins in cement?
A: Not enough cement.

Q: What do you call a lawyer gone bad.
A: Senator.

Q: What does a lawyer get when you give him Viagra?
A: Taller

Q: What's the difference between a lawyer and a liar?
A: The pronunciation.

Q: What's the difference between a lawyer and a prostitute?
A: A prostitute will stop screwing you when you're dead.

Q: What's the difference between a dead skunk in the road and a dead lawyer in the road?
A: There are skid marks in front of the skunk.

Q: How many lawyers does it take to screw in a light bulb?
A: Three, One to climb the ladder. One to shake it. And one to sue the ladder company.

Q: How are an apple and a lawyer alike?
A: They both look good hanging from a tree.

OK, enough already

 

[cockyferg]

I once lived in Columbia next door to a girl who was a paralegal at a major SC law firm who told me that one of the attorneys she worked for would take a file to the bathroom so he could bill clients for "thinking about their case" while he took a $hit. This attorney, like most, was literally full of excrement. Let's set the record straight. Cockferg did not give anyone legal advice. If you're one of the posters on here chastising him for doing so, then you fall into the same category as the one my paralegal friend worked for. You arrogant, thin-skinned, attorneys who think you're smarter than everybody else need to get over yourselves. If you're offended that I called you out, then you're one of them. If not, then you're one of the good guys.

Thanks for the support and clear connection to reality, friend.

 

[sgacock]

Man, that response is a bit over the top, isn't it? Let me guess .... recent law school grad still in your 20's. Right?

Try 25 year as an attorney practicing (Georgia) Landlord/Tenant law. Note: I told him to shut up because he knows nothing about the law as it may apply to this case. Neither do I where SC law is concerned- as I admitted. There are very complex issues presented by OP's statement.

 

[cockyferg]

Try 25 year as an attorney practicing (Georgia) Landlord/Tenant law. Note: I told him to shut up because he knows nothing about the law as it may apply to this case. Neither do I where SC law is concerned- as I admitted. There are very complex issues presented by OP's statement.

Right, but I would think as an educated man you would use civility, tact, and the capability to discern the difference between opinion and fact. It's basic human kindness, which is something you should practice along with your law. You don't have to be Jesus or a believer in Jesus to treat people with dignity and respect, as that is the way most people--presumably you included--wish to be treated.

And in my own case, I was neither rude nor wrong, as my tenant was evicted (lawfully, of course, since I used an actual real estate lawyer) for precisely the reasons I provided. As you so accurately stated, each case has its own complexities, and mine was unique for various reasons.

 

[Rollerdude123]

As you know, you can pay an attorney to say just about anything.

Some attorneys are smart and civilized, and some aren't.

And as I said above, no serious person believes you were giving legal advice.

Lawyers have plenty to do policing their own profession. I doubt any serious one has time to try to police a poster on a board seeking and giving out general opinions while clearly not pretending to be a lawyer. Dang, who the heck wants to imitate one anyway.....

Right, but I would think as an educated man you would use civility, tact, and the capability to discern the difference between opinion and fact. It's basic human kindness, which is something you should practice along with your law. You don't have to be Jesus or a believer in Jesus to treat people with dignity and respect, as that is the way most people--presumably you included--wish to be treated.

And in my own case, I was neither rude nor wrong, as my tenant was evicted (lawfully, of course, since I used an actual real estate lawyer) for precisely the reasons I provided. As you so accurately stated, each case has its own complexities, and mine was unique for various reasons.

 

[KayakCock]

We heard you the first time Rollerdude, I don't have a dog in this fight but you sound like you have an inferiority complex issue. Everyone take it easy, Go Cocks!

 

[Rollerdude123]

Not at all. Some folks need to read it several times.

We heard you the first time Rollerdude, I don't have a dog in this fight but you sound like you have an inferiority complex issue. Everyone take it easy, Go Cocks!