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Question

Asked 1240 days ago by a user from Summerville, SC

Evict a non paying no lease occupant

My Brother let his girl friend move in with him and it has not worked out. There is no lease and she does not pay any rent beyond my brother giving her his paycheck and having her pay it from her account. She has made his life and his sons lives a living hell and we want her out. She has been there less than a year. What steps do we need to take to get her out without the house being destroyed by her. I have told him he cannot just throw her stuff out that she needs to be eviced. The property is in Dorchester County, South Carolina. Thanks for any help you can give.

The property is in my decesed fathers (2006) name and I am the executor of the estate.

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Answers

Answer 1 of 1 - Answered 1239 days ago

A R Pop - Lawyer from United States

Since she is paying rent from her account every month, there is a month to month lease agreement between her and the landlord - which I understand it's you.
To end a month to month lease, you have to give her a 30 day notice and than evict her if she doesn't comply with the notice of termination.

Throwing her stuff in the street might expose you and your brother to unwanted liability. The fact that your brother gives her the paycheck to pay the rent has nothing to with the lease itself as it might be considered a separate agreement.


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