Once you have determined that your reasoning for evicting your tenant falls on grounds that can be supported by South Carolina’s eviction laws, the eviction process can begin. Having proper legal assistance as you navigate through this eviction process will help move things along in a much smoother and cohesive manner.

Sending The Eviction Notice

To start the process, you’ll need to send your tenants an eviction notice. There are different types of eviction notices in South Carolina, so you should select the format that best fits the situation you’re currently dealing with. These notices include:

1. 5-Day Notice to Pay Rent
2. 14 Day to Cure
3. Unconditional Quit Notice

Each of these notices have varying contents and will require some varying components. Not having certain components within each letter or not sending them out in the proper manner may result in your tenants being permitted to stay on the property for a longer amount of time than they would have if the notices had been formatted correctly. It is best to have your attorney help you draft your notice to ensure that you have covered each component needed to satisfy the requirements for each notice type.

Obtaining An Order To Show Cause

If your tenants have not vacated the property after your eviction notice has expired, you will want to obtain an order to show cause by filing with the court. In this filing, you’ll request that your tenant be removed. These orders are then issued by the court and delivered to your tenant, giving them 10 days to settle with you before a hearing will be scheduled.

Attend The Hearing

If your tenant has not settled with you within the 10 day time frame, a hearing will be scheduled. Once the hearing date arrives, ensure you have every piece of evidence you need to back your claims so you can present it to the court. You must appear at this hearing, but if your tenant doesn’t you will win by default.

Requesting A Writ Of Ejection

If the court rules in your favor at the hearing, obtain a writ of ejection as soon as possible. This gives your tenant a final 5 day maximum to leave the property, otherwise they will be forcibly removed by the sheriff.

Moving Forward

Once your tenant has finally vacated the premises, you may still have some final affairs to attend to. Cleaning the property, ensuring that any damaged furniture and/or appliances have been replaced, and reevaluating your tenant acceptance process may be on your upcoming to-do list. The aftermath can be a lot to deal with, but it is a strong indicator that you’re one step closer to achieving a greater peace of mind regarding your property.

If you have any questions about evictions the attorneys at Rivertown Law can help, 843.488.5600

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