An eviction is an all-American event. Landlords have filed for nearly 700,000 evictions since March 2020.
This statistic may suggest that the process to evict a tenant is easy. That isn't true. Before you can evict a tenant, you need to know some essential facts.
When can a landlord evict a tenant? What documents does a landlord have to issue? Is there any process for how to evict a tenant quickly?
Answer these questions and you can figure out how to evict a tenant. Here is your quick guide.
Give Your Tenant a Notice
You cannot start evicting a tenant until you give them notice of eviction. You must give them a document that clarifies the reason why you are evicting them. The reason must be a significant one.
You can issue a notice against a tenant after they have failed to pay their rent. Yet you must give the tenant a period of time to pay or move out on their own accord.
If the tenant violates a condition of their rental agreement, you can issue a cure-or-quit notice. This will also give them a few days to correct the violation. You can issue an unconditional quit notice only if the tenant violated a rental clause or engaged in illegal activity.
You cannot kick your tenant out just because they broke something. You should give them maintenance DIY tips and ask them to fix the problem.
Review State Eviction Laws
Most tenants cooperate when they receive a notice. But others try to appeal to a court or impede eviction in some way.
Before you take further action, you should talk to an eviction lawyer. You should also read South Carolina's eviction laws.
You cannot take any action to force the tenant out of their home. You cannot lock the tenant out or shut off their utilities.
It takes a period of time to serve a tenant their notice and wait for a response. Be patient. Document your tenant's actions and contact the police if they threaten you or do anything illegal.
File Documents With the Court
Once the notice period is over, you can file a lawsuit. You should file a Rule/Order to Show Cause with the court. You then need to serve a summons to your tenant.
You have 120 days to serve your Rule/Order and summons to your tenant. Your tenant has 10 days to respond to the summons. They can agree to the terms and vacate, or they can challenge your terms in court.
Go Through the Court Process
If your tenant wants to challenge your eviction claim, you will go to a court hearing. They may not show up to the hearing, so you will win by default.
The hearing functions similarly to a jury trial. You and your tenant can present evidence, including eyewitnesses.
A judge will decide on whether the tenant must leave. You must abide by their decision.
Evict a Tenant the Right Way
The process to evict a tenant is a serious one. You should issue a notice to your tenant, explaining the reasons why they must go.
Yet you must give them time to fix the problem. If they do nothing, you can file a lawsuit with the court. You must give your tenant more time to respond to your lawsuit.
You will then go to court. You must justify your case with great pieces of evidence and clear legal facts.
You can also get help from experts on tenants. The HomeRiver Group serves Sumter-area landlords and tenants. Contact us today.
