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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37021
Experience:  Attorney over 16 years, landlord 26 years
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I have a tenant that in a condo in North Charleston. She has

Customer Question

I have a tenant that in a condo in North Charleston. She has been late with her rent numerous times. She is a single mom, but this has gotten out of hand. She wrote a check for Septembers rent $900 and the check bounced. Her rent is due this month on the 1st and begins late fees on the 5th. She owes September and now October. She has late fees from Nov/15, Dec/15, and Jan/16 that add up to over $2310. I have not reported her to the credit bureaus, I have been very considerate with her. But she is now abusing it. Her lease ends 3/17, but I want her out. I need help evicting her, and reporting her to the credit companies. I have had it with this situation.
Can you help? What do you charge?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 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.

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Just to be clear... the attorneys on the JustAnswer website don't represent customers... we just answer questions and provide information.

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But I can walk you through the process of what you need to do if that will work for you?

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Have you given her and type of written notice to pay or vacate yet?

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thanks

Barrister

Customer: replied 9 months ago.
Call me please (###) ###-####
Customer: replied 9 months ago.
To pay yes, to vacate no notice yet.
Expert:  barristerinky replied 9 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

But I can easily help here on the site.. If this is in SC, then you need to first start out by giving her a written 5 day notice to pay all the late rent and fees that are due.

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You can download the template here: SC 5 Day

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Then when she doesn't pay everything due, you can file a formal eviction action in court to get a judgment and a writ to have the constables physically force her to leave.

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if she didn't pay the entire amount due, you can then file an action for ejectment. You would go down to the local magistrate court in the county where the house is located and fill out the ejectment paperwork. The court clerk will have the paperwork to give to you . The court clerk will provide you with a hearing date.

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The Court will issue an Order to Show Cause which will be attached to her paperwork and served upon the tenant requiring her to either vacate the premises or show cause on the hearing date as to why she should not be evicted. If the judge on the hearing date rules in favor of the landlord, the landlord may immediately or within five (5) working days after the hearing date request a writ of ejectment. This will cost an additional $10.00. If this fee is not paid within this five day period, the landlord will have to start the eviction process all over again.

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The Court's constable(s) will contact the landlord in reference to setting out any property left at the rental premises. The Court's constables do not set out the tenant's property. It is the responsibility of the landlord to provide adequate labor to set out any property left by the tenant. The constables are present only to assure a peaceful set-out. Once a Writ of Ejectment is issued, the tenant must be given twenty-four hours to vacate the premises voluntarily.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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