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I have a home that we have let our daughter and son in law…

Customer Question
I have a home...

I have a home that we have let our daughter and son in law live in for 4 years ,they have since then separated about a year ago our daughter still lives at the home and her ex showed up last weekend and attacked her and damaged the home. My question is what legal action can I take against him for damaging the house?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

South Carolina

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
3/20/2018
Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

I am very sorry to hear this;

if a person damages another person's property, the owner of that property may sue for property damage - the negligent or intentional infliction of property damage;

for cases under $7500 please see:

https://www.sccourts.org/selfhelp/FAQMagistrate.pdf

Now the tenant may sue for trespass (since the tenant is in lawful possession they have the exclusive right to sue the property so the tenant, not the landlord, may sue for trespass) and of course for any medical expenses incurred and for a protective order.

Please see:

https://www.scstatehouse.gov/code/t20c004.php

The fact that a divorced/estranged spouse moves out of a rental property indicates abandonment of possession and thus they don't generally have the right to enter.

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Real Estate Lawyer: legalgems, Arbitrator 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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