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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 35834
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in South Carolina. I'm renting a house from some close

Customer Question

I live in South Carolina. I'm renting a house from some close friends of mine. I allowed a lady to come stay here on a short term basis and that has turn out to be a very bad decision. I want her to leave but she says she won't. My lease is technically over with tomorrow and I have been contemplating for a few months moving into a bigger home as I have my teenage son and three dogs and we really need more space. Since my lease is technically over after tomorrow I'd really like to move out. All of the bills and the lease are in my name only and 95% of everything in the ome belongs to be and my son. The verbal agreement with the lady I allowed to stay here was that she would pay me a low portion of the rent each month ($150). When I move I will need to transfer my electric, water, cable, phone, and internet to the new place. My question is, can I legally do this? And how long do I have to wait before I can move and transfer everything?
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Expert:  Barrister replied 12 months ago.
Can you tell me how long she has stayed with you?.Does she have her personal property like clothes and toiletries in the home?.Are you asking if you can transfer the utilities from the house to the new one and cut them off in the current house?..thanksBarrister
Customer: replied 12 months ago.
Hi. She moved in on February 1st of this year with an agreement of low rent in exchange for help with dog sitting when needed (which she did not live up to).She does have some of her personal property here.I have told her that I wish to move my son, myself, and our dogs out and that I would need to transfer the utilities and other things to the new place.
Expert:  Barrister replied 12 months ago.
Ok, unfortunately she would legally be considered a month to month tenant under an oral lease agreement (if you don't have a written one) and you would be her landlord..What that means is that you have to terminate her tenancy just like any other landlord and then evict her if she won't move. If you were supplying utilities as part of her tenancy, then you can't turn them off or that would be an illegal eviction and would give her grounds to sue you for damages. So you don't want to put yourself in that position..So you have to start by giving her a written 30 day notice to terminate her tenancy and then if she doesn't move, pursue a formal eviction, called an action for ejectment, if she doesn't move out within that 30 days..But you have to keep the utilities on until she either permanently vacates or you get the sheriff to physically evict her..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years....I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 12 months ago.
I suspected as much. Thank you very much for your time.
Expert:  Barrister replied 12 months ago.
You are very welcome. I am sorry the news isn't better...but you don't want to give her any reason to sue you....thanksBarrister