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Updated almost 4 years ago on . Most recent reply

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56
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Carol Burns
14
Votes |
56
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Selling Property/Problem Tenant

Carol Burns
Posted

I have a tenant whom I've given 30 days notice to vacate (May 15)  because we are going to sell the property (he is on a month to month lease).  I also offered him 45 days (end of May) if he needed it and if he'll pay May's full rent on time.  I've had problems getting rent from him for a while now.   He sent me texts basically saying he is hiring an attorney so sounds like he's not going to cooperate.  From what I understand, in SC, if he doesn't leave by May 15, then I "file for the removal of the tenant in court. The court will then issue an Order to Show Cause. A local SC sheriff or Constable will then deliver it to the tenant. This gives the renter ten days to settle the case with you.  If they fail to do so, the court will set a hearing date. Generally, this will be within 21 days after the Order to Show Cause is issued."

My question is, I thought about sending him a certified letter which states basically that if he wants to cooperate I would be glad to give him some extra time, wanting only the good of all.  But if he doesn't, explaining what will happen with the sheriff's office, etc.  And that he'll eventually have to move anyway, with a big headache for all involved.  Is this a good idea or should I just plan to follow through legally on May 15 and not offer him any extra time?

Most Popular Reply

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Michael Plante
  • Deland, FL
1,874
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Michael Plante
  • Deland, FL
Replied

I would pay an Atty to get him out so you can sell and move on 

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