Evicting tenants from your rental property is not something we like doing but if compelled by circumstances, we have no choice but to carry out the eviction. No need for you to deal with such a circumstance, if it arises we’re here to help.
Our property management services include eviction services.
We’ll handle the whole process for you.
A tenant eviction is a legalized process that a landlord uses to remove a tenant from a rental unit. There are different reasons that may force a landlord to evict a tenant and they include:
- Failure to pay rent within the agreed upon period as stipulated in the lease or rental agreement
- A tenant continues to occupy a unit without renewing their rental agreement or lease
- Tenant damages property due to negligence and carelessness
- Having unauthorized tenants in a rental property
- Keeping pets in a rental unit even though the lease says pets are prohibited
- Being a nuisance and causing disturbance to neighbors
- Using the rental unit for criminal activities.
Leasing and Management’s Eviction Process
Even though a lease agreement has been violated, a property owner is required to follow the legal mechanisms. The eviction process in South Carolina begins after a tenant has been served with an eviction notice whose contents depends on the nature of violation committed.
In the case of rent defaulting, we issue a tenant with a “5-day Demand for Rent” notice. In this case, the tenant either vacates the property or pays up the entire rent amount they owe. Failure to do either, we file an eviction lawsuit against them.
Generally, the notice period we issue depends on the length of the lease i.e. a weekly lease, monthly lease and annual lease all have varied notice days to vacate. In most cases, tenants opt to leave the rented unit within the notice period. However, if this does not happen, we proceed to court to file an eviction lawsuit which can either be in a Small Claims Court or District Court. Cases filed in a district court should involve amounts of more than $10,000. If it’s less than $10,000, the case goes to a Small Claims Court.
Within 14 days of receiving a notice, the court will use either appoint a county sheriff or a court official to deliver “Summons” to a tenant. After receiving summon, a tenant can either contest the case or vacate the property.
Should a tenant opt to contest the case, a date is set for the court hearing. During the case, each party is given a chance to present their evidence. Evidence includes proof of non-payment or photos of a damaged property as well as documents to show notices served.
As a property owner, if the judge rules in your favor, you have the power to give a tenant notice to vacate your property. If the tenant still refuses to leave your property after a “Summary Judgement” has been issued, a “Writ of Restitution” valid for 7 days is provided authorizing forceful eviction by a country sheriff.
After the eviction, property locks are changed by a locksmith. If the tenant leaves behind some property, the law demands you to acquire an “eviction dumpster”.
Eviction is a long and expensive process but at LeasingandManagement.com, we’re willing to help you deal with any cases of lease violations. We only opt for eviction after other avenues we’ve exhausted have failed.
Our goal is to ensure that eviction processes are well managed and cause you minimal disruption. If you’re looking for a reputable property management firm in Charleston with experience in eviction services, get in touch with us today on (843) 723-1988.
See Also: Why Work With LeasingandManagement.com