How to remove someone from my property who does not pay rent?
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How to remove someone from my property who does not pay rent?
I allowed my daughter and son in law to put their trailer on my property 3 years ago and rent free. They have done nothing but destroy the property and because they got 2 German Shepherds without asking me and I do not want the dogs on the property, they are leaving. However, this process has been going on for 6 months. They moved everything out of their trailer but it still remains on my property. Since they do not pay rent how do I get them to get their personal property trailer and pig off my property?
Asked on June 19, 2019 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can file an action for "ejectment"--think of ejectment as "eviction for people who are not rent paying tenants." It evicts not just them but their possessions, too. Your daughter and son-in-law have no right to be on property you, but not they, own--they are there only with your permission. You can revoke that permission at any time and if they still don't go, you can bring a legal action (lawsuit) against them to get a type of court order commonly called a "writ of possession" to have the county sheriff remove them and any possessions or belongings they left behind.
Ejectment actions are very technical in that a minor mistake in the procedure or paperwork can require you to start over and try again. So while you have a 100% right to remove them from land you own and they don't, if they are not rent paying tenants in good standing, you have to do it properly. Do yourself a favor, and hire a lawyer to help you; the lawyer will also help provide an emotion "buffer" between you and them.
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