Affidavit For Eviction Without Notice

State:
South Carolina
Control #:
SC-EVIC4
Format:
PDF
Instant download

Description

Affidavit for Eviction - This is filed by the landlord with the application for ejectment to explain the reason why eviction of a tenant is being sought. This form must be signed in front of a notary and notarized.

Description: An Affidavit for eviction without notice is a legal document filed by a landlord or property owner to initiate the eviction process against a tenant without providing advance notice. This type of eviction is usually reserved for severe violations of the lease agreement or when there is a significant risk to the property or other tenants' safety. Keywords: affidavit, eviction without notice, legal document, landlord, property owner, eviction process, advance notice, severe violations, lease agreement, risk to property, tenant's safety. Different types of Affidavits for eviction without notice: 1. Affidavit for Immediate Eviction: This type of affidavit is typically used when there is an urgent need to evict a tenant without any prior notice. It can be filed in situations such as illegal activities on the premises, excessive property damage, or threats to the safety of other tenants. 2. Affidavit for Non-payment of Rent: If a tenant continuously fails to pay rent despite receiving multiple notices and reminders, the landlord may file an Affidavit for eviction without notice based on non-payment. It allows the landlord to expedite the eviction process to regain possession of the property. 3. Affidavit for Breach of Lease: In cases where a tenant violates significant terms of the lease agreement, such as unauthorized subleasing, damaging the property, or conducting illegal activities, the landlord can file an Affidavit for eviction without notice. This type of affidavit helps to protect the landlord's rights and property while ensuring a swift resolution for the violation. 4. Affidavit for Health and Safety Violations: When a tenant's actions or negligence pose a severe risk to the health and safety of other residents or the property, the landlord might file an Affidavit for eviction without notice based on health and safety violations. Examples of such violations might include illegal drug manufacturing, unsanitary living conditions, or actions jeopardizing structural integrity. It is important to note that the specific requirements and procedures for filing an Affidavit for eviction without notice may vary depending on the jurisdiction or state. It is advisable for both landlords and tenants to seek legal counsel and refer to local laws and regulations before initiating or contesting such evictions.

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FAQ

It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.

To stop or stay an eviction you need to ask the court in writing by filling out an Order to Show Cause and bringing it to the courthouse as soon as possible.

The landlord may file a Notice of Petition and Petition for eviction with the Court (see step 3 below). If there is no written lease, the tenancy must be terminated by a 30 day written notice (see step 1 below).

A: The tenant may ask a court to issue an Order to Show Cause (OSC) and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court.

Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

More info

I certify that everything in this Affidavit is true and correct. The court will not enter residential eviction actions without this affidavit.Please complete the CIVIL COVER SHEET, NOTICE OF PERMANENT MAILING ADDRESS and STATEMENT OF RESPONSIBILITY. The forms provide a certificate of service to be completed establishing proper service of the motion and affidavit. The forms provide a certificate of service to be completed establishing proper service of the motion and affidavit. AFFIDAVIT OF SERVICE (Three-Day Eviction Notice). Landlord Tenant Eviction Forms. I further state I gave a ______ Notice to Vacate before filing this eviction. _____ Complete the Verified Complaint (UJS-112) (Attach copies of the lease, Notice of Quit and. Vacate and Affidavit of Service).

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Affidavit For Eviction Without Notice