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I had eviction notice served on my daughter whom lives in my…

Customer Question
I had eviction notice served...
I had eviction notice served on my daughter whom lives in my townhouse because she has not paid rent since last September. We had an verbal agreement that as long as she paid her rent every month she could live there but she now owes me over $6000. I am sick and draw social security. I cant support her. I live with my eldest daughter and am in/out of the hospital. She has requested a hearing, what are my rights? I sent her notice in March of 2014 and March and April and June of this year.
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
6/25/2015
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Landlord-Tenant
Satisfied Customers: 41,221
Experience: Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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Thank you for your post. Please permit me to assist you with your concerns. In what state is this occurring? Did you give her written notice to quit the premises? As far as 'rights', what exactly do you mean?
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Customer reply replied 2 years ago
South Carolina. I sent a written letter in 2014 and text this year. I contacted the Dorchester County Magistrate the first of June and sent in the form required for eviction. The Magistrate clerk informed me on the 22nd that Ms.Goodwin has requested a hearing which is scheduled for June 29,2015.She thinks that since she is living there that she does not have to move.
Customer reply replied 2 years ago
She thinks that it is hers to have.
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Hi,She is flat wrong. She is either a 'tenant at sufferance' if she is not paying rent, or if she has a rental agreement, she is a contractual tenant. If there is nothing in writing by default the state law treats her as a 'month to month' tenant meaning that she has financial and contractual obligations to you, and if she fails to pay, she can be evicted. Unless she is a minor or is deemed incompetent she must move, and yes, relatives can evict other relatives (if that is her argument that she is entitled to remain). if her argument is that she had no contract, if you can show a chain of payments and make the courts see that it was for rent, an oral agreement would be upheld and it would be seen as a month to month agreement that I discussed above. Sincerely, ***** *****
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Customer reply replied 2 years ago
Is it required that I be in court for this hearing? I reside in Alabama with my eldest daughter. Should I contact the clerk to see if it is mandatory? She is verbally abusive to me and has in the pass hit me.
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Hi, If you are not in court the judge will likely dismiss and you will have to start from the beginning in getting her out. I suspect that is what she is counting on, that you fail to appear and the courts will have no choice but to dismiss. Since you are filing against her, you do have to appear. Else the courts will have no basis on which to grant the writ of possession to you. Sincerely,Dimitry, Esq.
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Dimitry K., Esq.
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Category: Landlord-Tenant
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