South Carolina Tenant's Affidavit of Possession
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How to fill out Tenant's Affidavit Of Possession?
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FAQ
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 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.
South Carolina Eviction Process Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice5-30 daysIssuance and Service of Summons and ComplaintWithin 120 daysCourt Hearing and Judgment10 daysIssuance of Writ of Execution5 days1 more row ?
If you do not pay rent, violate the rental agreement, or stay in the rental property after the lease term has ended, your landlord can start the eviction process. Your landlord must first give you a written notice to vacate the rental property.
If you choose not to fight the eviction or if you lose your case in court and do not appeal the decision, then the court will issue a Writ of Ejectment within five days of the hearing. 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.
It is illegal for a landlord to attempt to remove a tenant through any other means, such as shutting off the utilities or changing the locks on the doors. This type of behavior is often referred to as a "self-help" eviction or unlawful ouster, and the tenant can sue the landlord for trying it (see S.C. Code Ann.
The affidavit required by this section must be signed by a responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register of deeds, at his discretion, may waive the affidavit requirement.
If the landlord does not make necessary repairs to the rental unit, then you might be able to use this as a defense against the eviction (see S.C. Code Ann. §§ 27-40-440, 27-40-610, 27-40-630, and 27-40-640). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in South Carolina.
