How does the eviction process work?

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How does the eviction process work?

And, what can I do to slow down the process so that I have time to move?

Asked on September 28, 2012 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

All eviction is through the court system. A landlord evicts a tenant by filing a summons and complaint in court, which will then be served on the tenant, after which a court date will be set. Typically, it takes from 3 - 6 weeks after the landlord files the summons and complaint for the court date; after the court date, eviction can occur a few days later, and will be carried out by court officers (e.g. constables or sheriff's deputies). Sometimes the landlord needs to provide the tenant notice prior to filing for eviction, such as if it's a month-to-month tenancy and the landord is providing 30 days notice to terminate it; other times (such as for nonpayment of rent) no prior notice is required.

Assuming the landlord does everything right (e.g. doesn't make any mistakes in terms of required notice or how he or she filed), there really is nothing the tenant can do to "slow down" the process. However, the tenant can always contact the landlord and offer to voluntarily move out by a certain date, or possibly to pay some money for more time; if the landlord agrees, that's how the tenant can get extra time.


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