This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
South Carolina Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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Multi-State
Control #:
US-00867BG
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Word;
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
Section 22-3-540 provides that magistrates (and by implication, municipal judges) have exclusive jurisdiction over all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days.
To validly adversely possess a property you must openly, obviously, and actually be on the land treating it as your own, as well as exclusively and continuously for as many years as is required by state law. In South Carolina, the time period is 10 years.
Section 22-3-10, as limited by § 22-3-20, sets out magisterial jurisdiction over fourteen areas of civil subject matter as follows: 1. Actions on contracts for the recovery of money, where the claim does not exceed $7,500.00; 2.
Without clear title, an owner will not be able to enjoy their property free and clear, or to sell the property. Bringing a quiet title action simply means that the owner of real property is asking a court to eliminate any other interests claimed to the real property.
The squatter must live on the property for an uninterrupted period of 10 years or more to claim adverse possession (SC Code § 15-67-210). The squatter can possess the property and for 20 years (§ 15-3-1) or possess the property with color of title while paying taxes for 10 years (§ 15-3-15) to claim ownership.
(A) Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.
Non-renewal of lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease term ends (and have not arranged for a renewal).