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cocky0

Word of advice

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Well it isn't my story to tell, and there's a heck of a lot to it. I hear new stuff about it everyday. Suffice it to say though that once you have invited somebody to sleep in your house, even for one night, that person is now a tenant. So in order to get them to leave, you have to go through an eviction process as if you're a landlord. There's probably some legal nuances I'm overlooking, but someone I know is going through all of this right now with a house guest who refuses to leave.

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22 minutes ago, cocky0 said:

Well it isn't my story to tell, and there's a heck of a lot to it. I hear new stuff about it everyday. Suffice it to say though that once you have invited somebody to sleep in your house, even for one night, that person is now a tenant. So in order to get them to leave, you have to go through an eviction process as if you're a landlord. There's probably some legal nuances I'm overlooking, but someone I know is going through all of this right now with a house guest who refuses to leave.

Wow, for just one night?  I'd always heard anything over 7 days was when it could become an issue.

 

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5 minutes ago, Blitzkrieg said:

Wow, for just one night?  I'd always heard anything over 7 days was when it could become an issue.

 

Yeah I'm just going by what I'm hearing. I've seen the same thing mentioned on forums, but nothing like that in any of the laws. In any event, that's what the local sheriff's department said too, and she wound up filing an eviction notice through the magistrate's office. Of course now the "guest" is trying to fight it and claiming $2500 in damages due to mental stress or some other such nonsense. I finally convinced her today to get an attorney involved rather than trying to fight it alone. 

 

All I know is I will not be inviting anyone to sleep in my house ever again.

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Ha, I knew someone who allowed someone and their kid to stay at their house because of spousal issues. And it wound up being like 5 months before they finally left, when it was only supposed to be a week. But the person who was squatting basically after said the same thing, that they were now almost a resident. And this was also in SC. 

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Yeah so I guess it's called a "Tenant at Will"

Tenant at will. -Every person other than the owner of real estate, excepting a domestic servant and farm laborer, using or occupying real estate without an agreement, either oral or in writing, shall be deemed a "tenant at will"

https://www.scstatehouse.gov/code/t27c033.php

 

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If the guest has been notified that they are no longer welcome, wouldn't that be considered trespassing?

 

My personal solution would be to either lock the guest out when the guest leaves the premises (if the guest doesn't have a key) or to change the locks when the guest leaves (if the guest does have a key)

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34 minutes ago, markymark550 said:

If the guest has been notified that they are no longer welcome, wouldn't that be considered trespassing?

 

My personal solution would be to either lock the guest out when the guest leaves the premises (if the guest doesn't have a key) or to change the locks when the guest leaves (if the guest does have a key)

 

That was what I thought too, but evidently it does not work that way. 

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19 hours ago, cocky0 said:

 

That was what I thought too, but evidently it does not work that way. 

This seems outrageously wrong to me in every way.  If one finds themselves in this situation are they also obligated to feed this individual?  Provide hygiene items for them etc?

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1 hour ago, Blitzkrieg said:

This seems outrageously wrong to me in every way.  If one finds themselves in this situation are they also obligated to feed this individual?  Provide hygiene items for them etc?

I don't think it goes quite that far, but then again a few weeks ago I would have thought that just doing a restraining order would have been enough. 

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I never thought that eviction laws and such would intrigue me, but it has. Maybe COVID is to blame for it. Anyways, I read some of the SC Code of Laws on this and it seems to favor your friend. Basically, as long as landlords don't violate the terms of a lease and go through the proper eviction process (which your friend did by going to the magistrate), the law should be on their side. I think any attorney worth their salt should be able to defend against the tenant attempting to fight the eviction. Hope it goes well for your friend.

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On 7/9/2020 at 1:42 PM, cocky0 said:

Well it isn't my story to tell, and there's a heck of a lot to it. I hear new stuff about it everyday. Suffice it to say though that once you have invited somebody to sleep in your house, even for one night, that person is now a tenant. So in order to get them to leave, you have to go through an eviction process as if you're a landlord. There's probably some legal nuances I'm overlooking, but someone I know is going through all of this right now with a house guest who refuses to leave.

You know, I just got tired of living in a van down by the river and needed to "change the channel" as it were.

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11 hours ago, markymark550 said:

I never thought that eviction laws and such would intrigue me, but it has. Maybe COVID is to blame for it. Anyways, I read some of the SC Code of Laws on this and it seems to favor your friend. Basically, as long as landlords don't violate the terms of a lease and go through the proper eviction process (which your friend did by going to the magistrate), the law should be on their side. I think any attorney worth their salt should be able to defend against the tenant attempting to fight the eviction. Hope it goes well for your friend.

Yeah it will end favorably. It's just getting to that point. Apparently the evicted "tenant" showed up the other night at about 2am with the sheriff's department to retrieve some forgotten items. (A piece of lettuce in the fridge and a mostly empty bag of cat litter.) 

There's also video evidence of this idiot breaking into the residence while nobody was home. Along with that, they've woken up to find that their vehicles have had superglue on the windshield and in the locks. It's certainly been interesting over at her house these past few weeks.

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On 7/11/2020 at 11:21 AM, markymark550 said:

Damn. Sounds like the guest needs a trip to the mental hospital as well.

Funny you should bring that up.

So to give a little more backstory to this whole situation, this young lady is married to my mother in law's step son. It was a very ill advised marriage, because he was 18 or so, and she was in her 30s at the time. He was joining the Army, and I guess she saw dollar signs. He being young, dumb, and full of ***, could not and would not listen to reason. 

Fast forward a few years, and he has been discharged from the Army for reasons I will not discuss here. He comes back home, and decides to stay with her and her parents. That lasts for a little while before he leaves her and comes back to stay with his dad an my mother in law. The idea then was that he was going to be legally separated from her in preparation for a divorce, because well ... she was straight up nuts. Unfortunately I guess he kept letting his little head do the thinking, and went back with her before the full year of separation was up. 

That happened twice, I think, with the most recent spell being just a few weeks shy of a year separated. In this most recent coming back together moment, my mother in law agreed to let the two stay at her house until they could get a place on their own. That's when the stealing and vandalism and other crap started up, as well as the "crazy bitch" things she did to prompt the previous separations. And that is where the whole eviction crap began.

Well since I've last posted about this, she has returned just about every evening at all hours of the night and morning. Up until recently everything she had done has been fairly minor, and the police refused to do anything since it was always to property owned her the husband. Well this past weekend, she finally messed up. She snuck over, broke in (again), stole his wallet, then slashed the tires on his car. What she failed to realize was that the car was not in his name. It was in his dad's name, so that whole spousal protection crap went right out the window. 

She went to the sheriff's department last night to file another report on her husband, for reasons I do not know. The deputies, who were getting tired of her crap, let her finish filing her report before placing her under arrest for vandalism. Then it turns out that inside the husband's wallet was some sort of debit or credit card that was actually in my mother in law's name. She attempted to use it last night to get money. So there will be a report filed for that this morning. 

She is currently out on bail with a no contact order to any of the other people living on my mother in law's property, which means that she is now finally barred from entering that property.

That old saying is as true now as it has ever been. "Don't put your **** in crazy."

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40 minutes ago, cocky0 said:

Funny you should bring that up.

So to give a little more backstory to this whole situation, this young lady is married to my mother in law's step son. It was a very ill advised marriage, because he was 18 or so, and she was in her 30s at the time. He was joining the Army, and I guess she saw dollar signs. He being young, dumb, and full of ***, could not and would not listen to reason. 

Fast forward a few years, and he has been discharged from the Army for reasons I will not discuss here. He comes back home, and decides to stay with her and her parents. That lasts for a little while before he leaves her and comes back to stay with his dad an my mother in law. The idea then was that he was going to be legally separated from her in preparation for a divorce, because well ... she was straight up nuts. Unfortunately I guess he kept letting his little head do the thinking, and went back with her before the full year of separation was up. 

That happened twice, I think, with the most recent spell being just a few weeks shy of a year separated. In this most recent coming back together moment, my mother in law agreed to let the two stay at her house until they could get a place on their own. That's when the stealing and vandalism and other crap started up, as well as the "crazy bitch" things she did to prompt the previous separations. And that is where the whole eviction crap began.

Well since I've last posted about this, she has returned just about every evening at all hours of the night and morning. Up until recently everything she had done has been fairly minor, and the police refused to do anything since it was always to property owned her the husband. Well this past weekend, she finally messed up. She snuck over, broke in (again), stole his wallet, then slashed the tires on his car. What she failed to realize was that the car was not in his name. It was in his dad's name, so that whole spousal protection crap went right out the window. 

She went to the sheriff's department last night to file another report on her husband, for reasons I do not know. The deputies, who were getting tired of her crap, let her finish filing her report before placing her under arrest for vandalism. Then it turns out that inside the husband's wallet was some sort of debit or credit card that was actually in my mother in law's name. She attempted to use it last night to get money. So there will be a report filed for that this morning. 

She is currently out on bail with a no contact order to any of the other people living on my mother in law's property, which means that she is now finally barred from entering that property.

That old saying is as true now as it has ever been. "Don't put your **** in crazy."

Good lord - this sounds like  Jerry Springer material. 

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