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My grandmother allowed one of her children to move in to get…

Customer Question
My grandmother allowed one...

My grandmother allowed one of her children to move in to get on her feet and get an apartment or medical help. That was mid October...an eviction was denied by a judge, because they tried to evict based on not following rules (there was no lease), and my aunt hiding out in her room. In realty she is adding stress and tension within the family and my grandmother wants her out...can we simply kick her out?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Spartanburg, SC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There was no lease my grandmother was helping her child out for a few months...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats it I think

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
3/10/2018
Lawyer: legalgems, attorney replied 4 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
Verified

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 4 months ago

I am sorry to hear this.

Unfortunately a resident of a property is treated as a tenant whether or not they have a lease. This is because the court will determine there is an implied or oral lease. As such the "landlord" must comply with the eviction process in order to receive an eviction order.

The landlord may also request legal fees incurred in the process.

Relevant statutes here:

https://www.scstatehouse.gov/code/t27c037.php

This explains the process:

https://www.scbar.org/public/get-legal-help/common-legal-topics/eviction/

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Customer reply replied 4 months ago
We did go through the eviction process...the judge said because there was no lease stating the rules of the house the eviction wasn't granted. So do we need to go back an state that my grandmother simply wants her out?
Lawyer: legalgems, attorney replied 4 months ago

Was notice to vacate given to the "tenant" before the eviction process was filed?

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Lawyer: legalgems, attorney replied 4 months ago

Then if the tenant fails to leave by the notice to vacate date the judge would typically grant the eviction since an implied lease is typically deemed a month to month lease.

There is no requirement that the tenant break any lease rules- the landlord has the right to modify an implied lease and terminate with proper notice.

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Customer reply replied 4 months ago
ok thank you
Lawyer: legalgems, attorney replied 4 months ago

You are welcome.

Any eviction request typically does request for reimbursement of legal fees (court costs, attorney fees).

kindly rate 5 stars if no further questions to help my maintain my site ranking-thank you!

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Lawyer: legalgems, attorney replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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