How long do you have to vacate your rental property after you are evicted?
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How long do you have to vacate your rental property after you are evicted?
Asked on December 7, 2012 under Real Estate Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't specify if you just received a notice to quit or your landlord has laready gone to court. So I'll take if from the beginning. If you remain on the premises after the time specified in the notice to vacate, then your landlord will need to go to court to file an "unlawful detainer" (i.e. an eviction lawsuit). It can, however, take several weeks to get your case to trial. Once it does and the court issues a "writ of possession" to the landlord, they will then have the right to take the premises back. If you remain on the property, your landlord can have a sheriff physically remove you but that will take about another week or so. Bottom line, you most probably have anywhere from 3-6 weeks or more before you have to leave.
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