How can I lock out a tenant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I lock out a tenant?
I have given tenant 15 day written notice. Tenant is still in residence 5 days past time to be out. Tenant is violation of lease agreement in many areas.
Asked on October 1, 2011 under Real Estate Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do not lock out you tenant. If you use self help to evict your tenant by locking him or her out, you most likely will find yourself as a defendant is a serious lawsuit.
If your tenant is still in the unit past the time of his or her notice to vacate, you need to file an unlawful detainer action against him or her with the court and serve it upon the tenant. If there is no answer in the required time period (ususally 5 days for an unlawful detainer action) you can take the tenant's default. If the tenant answers the complaint, you will end up with a court date. You personally cannot serve the tenant with the summons and complaint. You need a third party over 18 years to do so.
Given your circumstances, I recommend that you hire a landlord tenant attorney to asisst you in evicting this particular tenant.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.