The South Carolina Affidavit and Application for Enactment and Rule to Vacate or Show Cause (Eviction) is a legal document used to initiate the eviction process in South Carolina. It is used when a tenant has failed to comply with a lease agreement and the landlord is seeking to regain possession of the property. This document is filed in the County Court for the appropriate jurisdiction. The document includes the reason for the eviction, the amount of rent due, and any other information pertinent to the eviction. There are three types of South Carolina Affidavit and Application For Enactment and Rule To Vacate Or Show Cause (Eviction): Unlawful Detained, Voluntary Vacate, and Forcible Entry and Detained. Unlawful Detained is used when a tenant has failed to comply with the lease agreement or has stayed in the property without the landlord's permission. Voluntary Vacate is used when the tenant has agreed to leave the property within a certain number of days. Forcible Entry and Detained is used when the tenant has remained in the property without the landlord's permission and the landlord is seeking to regain possession of the property.
South Carolina Affidavit and Application For Ejectment and Rule To Vacate Or Show Cause (Eviction)
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FAQ
If the tenant fails to pay the rent, the landlord can terminate the lease, force the tenant to vacate the premises, and recover any rent due.
(§ 27-37-100). The constable or deputy sheriff should give the occupants 24 hours to vacate voluntarily. If the occupants refuse to vacate within 24 hours or the premises appear unoccupied, the constable or deputy sheriff shall announce his identity and purpose.
This final step in the eviction process in South Carolina is to move the tenant out of their rental housing on the property. South Carolina law dictates that a tenant must vacate the property within 24 hours upon receiving or posting of the Writ of Ejectment.
Section 27-37-160 of the South Carolina Code of Laws provides: "In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily.
The South Carolina five (5) day notice to quit is a form served upon a tenant if they fail to pay rent in ance with their rental agreement. The document gives the tenant five (5) full days from the date of being served to pay all that is owed to the landlord or vacate the premises.
A Motion to Stay (Delay) Order for Summary Eviction allows the tenant to ask the court to "stay" (pause) a summary eviction and grant the tenant up to ten more days to move. (NRS 70.010(2); JCRCP 110.) A tenant can file a motion to stay at any time after an eviction notice is served. (JCRCP 110.)
Application for Ejectment (SCCA/732) ? A petition filed by landlords when trying to evict a tenant from a rental unit. Before this document can be filed, the landlord must notify their tenant of the eviction by serving them with a written notice to quit.
If the Court does order that you be evicted, you have to be served with the Court's order. You have to be given at least 24 hours to move after you are served with the order. If you don't move, law enforcement can remove you.