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What is best way to get a temporary restraining order when…

What is best way to...
What is best way to get a temporary restraining order when you are a tenant and eviction is involved? This is in SC.
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Answered in 13 minutes by:
2/26/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,068
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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What is the reason for the restraining order?

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Has the landlord threatened to harm the tenant or physically assaulted them?

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Or is this in an attempt to delay the eviction process?

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thanks

Barrister

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Customer reply replied 1 month ago
Thw landlord has assaulted the person on several occasion.

Ok, then the person would need to go down to the local police and file a formal criminal complaint against the landlord. Then they can go to the courthouse and file a request for a restraining order to be issued against the landlord for no contact with the tenant.

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But that wouldn't stop any eviction process as that is a legal action that would be handled in court and with the sheriff overseeing it if an eviction judgment and writ is issued.

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thanks

Barrister

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Customer reply replied 1 month ago
Please,give me reasons that are usually accepted for appeal for eviction or any info for it links etc..,
Customer reply replied 1 month ago
This is in South Carolina if needed.

Depends on why you are being evicted... If you didn't pay the rent, your only defenses are that you did pay the rent or you have some legal reason to withhold the rent, like the place is in such bad shape as to be uninhabitable.

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If you violated the lease in some other way, the landlord has to prove that you did in court to get a judgment..

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Customer reply replied 1 month ago
This just hypothetical If the landlord said you didn't pay how would they how would they go about proving that if they aren't going about it tax wise.
Customer reply replied 1 month ago
They are not reporting it on there tax if that make it a little clearer.
Customer reply replied 1 month ago
I said something twice by mistake
Customer reply replied 1 month ago
Sorry about that.

If they said that you didn't pay, then unless you have proof you did, like a receipt of cancelled check or something showing an electronic transfer, then you are kind of stuck... That is why you always ask for a receipt if you are paying cash.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 1 month ago
What if they would deny you a receipt but have witness or record as a ledger of journal of such actions? Also, legally don't they have to report this to IRS an adult paying them rent to stay there and how often do they have to report this?

Then you bring your witness to court to testify at the eviction hearing.

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And they should be reporting the income on their taxes when they file taxes once a year. But if you are paying cash, the landlord may not be reporting it..

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Please take a moment to rate my service as that is the only way I am compensated for my work.

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Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,068
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,068
41,068 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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