Realtor · Jacksonville, FL · Member since 2013 · 227 posts · 35 votes
Just closed on my first duplex last Tuesday. And the side I'm supposed to be moving in, the tenant hasn't paid rent and my PM is filing for eviction. Tenant was on a month to month lease and was already given a notice to vacate since I have to move in.... I am in South Carolina.
Any tips? What should I prepare for? Any advice would be appreciated. Thank you
Wholesaler · Camden, SC · Member since 2015 · 27 posts · 19 votes
9y
In Kershaw County, We go to Magistrate Office with lease and sign the Affidavit and Application of Ejectment and pay $40 fee. The tenant is served eviction paperwork and we are mailed a slip of paper documenting the eviction. It sounds like you are at this point now.
If the tenant does not voluntarily vacate, we take the slip of paper to the Sheriff's office and they do a "set-out" where they force the tenant out of the house.
My advice to you is to call the Civil Division of your magistrate/Summary court in your County (Lexington) and follow their guidance!
Also, if you will be writing your own leases in SC, be sure to include the "5 day eviction notice" in your lease. SC allows that to be included in your lease, saving you 5 days in the process!
Wholesaler · Camden, SC · Member since 2015 · 27 posts · 19 votes
9y
In Kershaw County, We go to Magistrate Office with lease and sign the Affidavit and Application of Ejectment and pay $40 fee. The tenant is served eviction paperwork and we are mailed a slip of paper documenting the eviction. It sounds like you are at this point now.
If the tenant does not voluntarily vacate, we take the slip of paper to the Sheriff's office and they do a "set-out" where they force the tenant out of the house.
My advice to you is to call the Civil Division of your magistrate/Summary court in your County (Lexington) and follow their guidance!
Also, if you will be writing your own leases in SC, be sure to include the "5 day eviction notice" in your lease. SC allows that to be included in your lease, saving you 5 days in the process!
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
9y
Yes SC is very easy, quick and cheap to evict a tenant. Just like Daniel said. $40 gets it started. I have never been asked to show the lease to the magistrate when I am filling out the eviction form.
Usually people leave once the constable serves them with the eviction, but sometimes I have to go back to the magistrate and pay the $10 set out fee. This also encourages the tenant to take off on their on.
Only one time did I have to get some people to come over and put the tenants stuff on the curb while the constable monitored.
I concur on adding the 5 day notice to your lease. My lease says late on the 6th and I can file an eviction on the 6th if I chose to.
Investor · Columbia, SC · Member since 2016 · 675 posts · 320 votes
9y
the 1st eviction can be nerve racking. However, like the previous posts outline, it's very cut and dry. The process is straight forward, quick and cheap.
Your time line might look like this:
File eviction. Then 2-3 weeks for court date. Judge rules in your favor. Then 3-5 days to process. The sheriff will arrive to give them 24hrs. If not gone then you call someone to put their stuff on the lawn with sheriff present.
Realtor · Jacksonville, FL · Member since 2013 · 227 posts · 35 votes
9y
Thank you guys. I was a little nervous, not knowing what to expect. But it doesn't seem too bad. I've heard that South Carolina is for the landlords??
But I actually have the property manager dealing with it. He told me about evicting the tenant for not paying his rent. I wonder if he was angry because we gave him the notice to vacate. But anyway, just going through the motions. I'll update with what happens later. Thank you!