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Updated about 6 years ago on . Most recent reply

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John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
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Creative way to evict a tenant - Legal?

John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
Posted

I was just typing up my notes from a 3 day real estate seminar that my real estate club sponsored and a light bulb turned on.

So some background:

I purchased a house that had some title issues because of tax deeds in the chain of title. The Tax deeds are over 10 years old and SC law says they can't be contested if older than 2 years old. I tried to evict the current occupants who were the owners at one time but they never paid the taxes which were delinquent already when they bought the house. I found where the county did notify them but they took no action. The occupants hired an attorney who is a state legislator and SC law says he doesn't have to come to court until the legislature is out of session. So I am in a holding pattern. I did go ahead and start a Quiet Title due to the circumstances.

So the class I took had a section on Master leasing and the instructor told a story about a person doing a master lease to his company and evicting the company (himself). So the person with the sublease never was the wiser till the constable showed up with a court order to set them out. I could use a private server to serve my company so that there would not be anything posted on the property until maybe right before the set out. Not sure on that. If they did get a notice they would be scrambling at the last minute to try and stop the set out. I would be evicting myself and all occupants.

I realize this may be a stretch, but I am the legal owner of the property and there is nothing to stop me from signing a lease with someone or an entity. That entity could refuse to pay rent and get evicted along with any other occupants.

I am just brainstorming right now but would love to hear thoughts from everyone, but especially from any attorneys.

  • John Underwood
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    James Canoy
    • Kingston, Ny
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    James Canoy
    • Kingston, Ny
    Replied

    @John Underwood if he’s an elected official then go to the media. They love this kind of abuse of power crap.

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