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I own and live in my house, and may 1st had someone move in.

I own and live...

I own and live in my house, and may 1st had someone move in. He still has yet to pay the deposit, and is smoking weed all of the time, having people over and a girlfriend and has made homelife not so great. I wrote a 14 day eviction letter and cut and pasted the clauses from the lease agreement and he is sayin he has 30 days. What are my rights? state of south carolina

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

I also have another roommate who is great and has been made uncomfortable by the situation.

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

South carolina

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

I maintain the house. I have a maid and a lawn service. no I just want to know if i can evict him immeditately or when? asap?

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Answered in 3 minutes by:
5/17/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,957
Experience: Just Answer consultant at Self employed
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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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I am sorry to hear this;

If a tenant fails to pay rent all that is required is a 5 day notice to pay rent or quit; otherwise a 14 day notice is required if it is due to another violation of the lease; please see:

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

This explains the process and applies throughout the state:

http://www.cityofspartanburg.org/cms_assets/neighborhood_services/What%20SC%20Law%20Says%20About%20the%20Eviction%20Process.pdf

Now for a month to month if one party wants to terminate it without cause then it requires 30 days notice; if it is weekly, then 7 days notice.

If under either of the above scenarios the tenant fails to vacate then the landlord must file a Rule to Show Cause to proceed with the eviction.

Sometimes the landlord will offer "cash for keys" essentially paying the tenant to get out (after signing a release) to avoid the hassle of court but that is often difficult to do mentally.

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

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Customer reply replied 3 months ago
Even if I live in the house? and he hasn't paid the deposit? and is using drugs?
Customer reply replied 3 months ago
I found all of these documents online myself already. These don't answer my question

If there is a breach of the lease -that includes not paying deposit or doing illegal activities, then there is a 14 day notice required.

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I'm sorry - I'm not able to review legal documents as this is a public forum.

Please let me know if you have any questions on the above information.

I'm not sure of your follow up question if you already had this information so please let me know because it appears from the initial question that you did not have this information. Thank you.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,957
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
to cure or to vacate?

Unfortunately per SC Code 27-40-710 the tenant has 14 days to cure, and if not cured, then to vacate (by the 14th day).

Here is that statute:

https://www.scstatehouse.gov/code/t27c040.php

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Customer reply replied 3 months ago
But I can kick him out in 30 days?

That depends on the term of the lease; so basically the lease will normally specify if it is month to month etc.

If it is not specified then the court will look to see how often payment is made and that will be the time frame of the lease; so a weekly lease would require 7 days.

If there have been no payments the court will typically default to the 30 day standard lease and require 30 days notice.

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