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If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
A Writ of Ejectment is a legal paper that says you must move or the sheriff will remove you and your belongings from the property. A constable or deputy sheriff will give the Writ to you, or post a copy on the door if the premises are abandoned.
You must submit an affidavit and pay a filing fee of $40.00 when you file the action. The Court will issue an Order to Show Cause which will be attached to your affidavit and served upon the tenant requiring him to either vacate the premises or show cause by requesting a hearing date.
A South Carolina eviction does not allow a landlord to evict a tenant without good reason. As long as the tenant does not violate any rules, they can stay until their rental period ends.
If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out.
A South Carolina five (5) day notice to quit (non-payment) is a legal notice requiring a tenant to pay past-due rent within five (5) days or risk being evicted.
Whenever it's possible, you should serve an eviction notice to your tenant either by handing the notice to the tenant personally or by leaving the notice at the property, normally by inserting it through the letterbox of the property in an envelope addressed to the tenant(s).
The South Carolina eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.