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Need to know our legal rights

I really need an answer to a personal question if you can help me. We have a garage in Sumter SC that we have been renting out to the same man for about 15 years. He passed away 2 weeks ago. Now his kids think they can change the locks on the doors and go in and take everything out and not let us even get in our own property. None of this would really matter except we left a good bit of stuff in there for their dad to use and they were just babies when this all started so they don’t know what’s his and what’s ours. What is our legal option?

Asked on July 2, 2019 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They have no right to lock the landlord out of property the landlord owns. You can go to country court and bring a legal action traditionally called and action for "unlawful distraint" to get a court order to get back into (i.e. get accedss to) your own property--and if they took anything of yours, you can sue them for its value. Go to county court; the clerk's office should be able to help you with the procedures and forms for this type of legal action.


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