my landlord is a lawyer. he filed eviction on the 21 of june i got a letter on the door the 26, my locks were changed on the the 30th. he subpeoned me on the 5th of july to come to his office to show when my utilities were terminated. i went to the magistrate court to comply to the eviction only because he locked me out the aprtment and removed my stuff, is it right for him to file eviction then change the locks 4 days later saying i abandoned the property and subpeoned me days later wanting to know when they were terminated can he keep my things or should he have done this first then change and remove my belongings, in columbia scl
Country relating to Question: United States
State (if USA): South Carolina
i seeked a attorney because of the eviction but i dont want to live there i was just going to see if i can get my belongings back.thats what magistrate suggested i do, not only that i went to talk with my landlord he told me i couldnt get my belongings until magistrate otherwise and he told me on the 5th of july that he filed abandonment that tuesday july 3rd but i just got the letter in the mail today july7 he subpeoned to be in his office friday not at court
South Carolina prohibits self help by the landlord in evicting a tenant. The landlord is legally prohibited from changing the locks or taking any action to force the tenant to leave. They have to have a court order and then the sheriff would evict the tenant. You can sue the landlord for wrongful eviction and get damages for changing the locks and removing your property.
Attorney with over 25 years of experience.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).