How long before I can't just MAKE them leave?

[KeithJ]

What is the name of your state (only U.S. law)?

 

[Just Blue]

What is the name of your state (only U.S. law)?

Repost without "previewing" the post.

 

[KeithJ]

Repost without "previewing" the post.

South Carolina

 

[Just Blue]

South Carolina

We need more information than you want to "make" someone leave in SC.

 

[KeithJ]

where did the rest of my question go?

We need more information than you want to "make" someone leave in SC.

I don't know what happened to the rest of my post - it was several hundred words long... I'll try again.
we have hosted an elderly lady in our home for the past year, ever since her trailer burned down. Her grown children make no contributions to her care; in fact, they regularly present her with sob stories designed to get her to "loan" them her Social Security money, as well as using her Food Stamps card to buy groceries for themselves (that's welfare fraud, isn't it?). We have not taken a single penny from her since Day 1. About three months ago we provided "temporary shelter" for her grown son and his wife who had just been released on parole for a drug-related charge and had nowhere else to go (they had been staying in the trailer with her). So for the past three months they have been sleeping on an air mattress in our living room while Grandma occupies our spare bedroom. My question is, is there a time after which I can no longer simply say, "Enough is enough, you all need to leave."?

 

[Antigone*]

I don't know what happened to the rest of my post - it was several hundred words long... I'll try again.
we have hosted an elderly lady in our home for the past year, ever since her trailer burned down. Her grown children make no contributions to her care; in fact, they regularly present her with sob stories designed to get her to "loan" them her Social Security money, as well as using her Food Stamps card to buy groceries for themselves (that's welfare fraud, isn't it?). We have not taken a single penny from her since Day 1. About three months ago we provided "temporary shelter" for her grown son and his wife who had just been released on parole for a drug-related charge and had nowhere else to go (they had been staying in the trailer with her). So for the past three months they have been sleeping on an air mattress in our living room while Grandma occupies our spare bedroom. My question is, is there a time after which I can no longer simply say, "Enough is enough, you all need to leave."?

You need to legally evict them. You are a landlord and you need to take the proper legal actions to evice your tenants.

 

[KeithJ]

You need to legally evict them. You are a landlord and you need to take the proper legal actions to evice your tenants.

Landlord? With no contract, no rental agreement and no money involved? How (when) did I go from somebody lending a helping hand to being a landlord?

 

[Ohiogal]

Landlord? With no contract, no rental agreement and no money involved? How (when) did I go from somebody lending a helping hand to being a landlord?

You let them stay long enough for them to establish residency.

 

[KeithJ]

You let them stay long enough for them to establish residency.

So then this falls under the heading of "No good deed goes unpunished"...

 

[Ohiogal]

So then this falls under the heading of "No good deed goes unpunished"...

No. It falls under, Ignorance of the law is not a defense.

 

[KeithJ]

"Ignorance of the law is not a defense"... That's cold. But then, life itself is cold sometimes. (sigh) So next time someone asks me for help in an emergency I will refuse until I do some legal homework.

 

[Ohiogal]

"Ignorance of the law is not a defense"... That's cold. But then, life itself is cold sometimes. (sigh) So next time someone asks me for help in an emergency I will refuse until I do some legal homework.

It may be cold but it is true.

 

[Antigone*]

"Ignorance of the law is not a defense"... That's cold. But then, life itself is cold sometimes. (sigh) So next time someone asks me for help in an emergency I will refuse until I do some legal homework.

Absodanglutely! I wouldn't do it any other way.

 

[Silverplum]

http://portal.hud.gov/hudportal/HUD?src=/states/south_carolina/renting/tenantrights

http://www.scbar.org/public/files/docs/tenantsrights.pdf

http://www.scbar.org/publicservices/lawline/rightsanddutiesoflandlord/

And, from this: http://www.scbar.org/publicservices/lawline/eviction/

"Where there is no definite term in a rental agreement, the landlord may end the rental agreement. If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no denfinite rental term, the landlord must give at least 30 days written notice that the tenant must move out."

 

[latigo]

I don't know what happened to the rest of my post - it was several hundred words long... I'll try again.
we have hosted an elderly lady in our home for the past year, ever since her trailer burned down. Her grown children make no contributions to her care; in fact, they regularly present her with sob stories designed to get her to "loan" them her Social Security money, as well as using her Food Stamps card to buy groceries for themselves (that's welfare fraud, isn't it?). We have not taken a single penny from her since Day 1. About three months ago we provided "temporary shelter" for her grown son and his wife who had just been released on parole for a drug-related charge and had nowhere else to go (they had been staying in the trailer with her). So for the past three months they have been sleeping on an air mattress in our living room while Grandma occupies our spare bedroom. My question is, is there a time after which I can no longer simply say, "Enough is enough, you all need to leave."?

I have a suggestion.

To begin I am assuming that it is the two “guests” or couple that you wish to eject.

Secondly, I agree that no landlord/tenant relationship exists. But you voluntarily invited them into your home and have permitted them to stay and apparently without reservations. So they are classified as “invitees” or “licensees”.

Consequently, you cannot legally use self-help to evict these people. (Doing so could involve some risks and invited all sorts of tort claims against you. Mostly worthless of course, but it would cost time and money to prove that they are hollow.)
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What you might do is to create a situation of trespass and invoke South Carolina’s summary procedure for ejecting the couple. * It might be a stretch but it would be quicker than going through the unlawful detainer process. Plus it seems doubtful that they would be in a position financial to resist.

The S. C. statute on evicting trespassers speaks of persons entering upon lands without consent. So what I’ suggesting is to wait until they are absent from the home. Then when they attempt to re-enter the home instruct them that your consent has been withdrawn and they are no longer entitled to occupy it or enter except to retrieve their personal belongings.

If they refuse to comply, they will be doing so without consent allowing you to apply to “any magistrate to serve a notice to quit the premises.” If after five days from service of the notice they refuse to leave, you can obtain a warrant from the magistrate ordering the sheriff or constable to forcibly eject them.

ALSO, significant is that the only defense that they could raise is to show that they have a possessory right under bona fide color of claim to possession, which they obviously do not have.

PLUS they would have to put up a bond to cover any costs and expenses (including legal fees) you would incur in proving that they do not have a bona fide right of possession (S.C. St. Section 15-67-620)
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[*] South Carolina Statutes “Recovery of Real Property” Article 7 Section 15-67-610