Retaliatory Eviction

[Rulenumber1]

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

Thank you guys in advance,

Rented 2 rooms for my son and myself. Became intimate with landlord. Have always paid my rent in advance. Son moved out in June. Still paying the same rent. NP...

Son had become attached to the landlord more so then I. 8/24/2017 I found out landlord was facilitating my sons drug problem.

Intimacy immediately was over.

Let the games begin**************

I also was renting a car from landlord. He took the car and gave it to son. Keeping me from going to my job. I asked for the monies I paid and he refused. I will be giving him a demand letter today him a demand letter today.

I had merged my phone with his Verizon account. Same phone number for over 18 years.

He turned off my phone... NP got a new one. Still would like to port my old phone number though. He refuses to release it.

Then he turned off the internet. BIG PROBLEM.Had not yet obtained a new phone. Isolation! I do a lot of my work online and was communicating with friends via the internet.

Lets son to come in house and steal several personal things admittedly .

My key to the house was on key chain my son had with the car. I asked for a key and he said he had given me 3. Not true. I asked if he could please have another one made. He said maybe in 3 weeks.I left my bedroom window open and had to climb in it and out a window. Eventually found 1 key in my room under a pile of clothes I had not touched in months.

He left town and turned off the AC. 9/62017 and left town. South Carolina was under a state of emergency. http://www.postandcourier.com/hurricane-guide/south-carolina-declares-state-of-emergency-seeks-federal-disaster-declaration/article_b69c24da-931d-11e7-9bae-139da7220370.html

AC stayed disconnected for 2.5 weeks. He comes back from out of town turns AC back on. I had sorta implied he had broken me down so bad I was giving up my rights.

I had removed 99.9% of my personal belongings from the house. Still have antique furniture in garage along with many treasures like hobby horses photos Etc. I asked him to please give me a key to get my personal belongings. He refused.

I did what the local police said I could do and changed the garage lock. He had called them numerous times making wild accusations. The police are aware of my sons drug issue and the games he is playing with me and most importantly in child!

I had 3 different people that was going to help me move these items that backed out because of the craziness. I don't blame them! Had my child not been involved I would have cut my losses and moved on...

Now he has filed an eviction. He had told me is was going to in the beginning and handed me a 30 day notice. NP Just return the monies you have of mine. He tried to bully me and say he would pay 1/3 and I had to have everything moved that day. This was impossible as he knew.

He filed for a 10 day eviction on 8/22/2017. I have not yet been served. Rent is paid till October 31/2017

What are my options here?

 

[LdiJ]

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

Thank you guys in advance,

Rented 2 rooms for my son and myself. Became intimate with landlord. Have always paid my rent in advance. Son moved out in June. Still paying the same rent. NP...

Son had become attached to the landlord more so then I. 8/24/2017 I found out landlord was facilitating my sons drug problem.

Intimacy immediately was over.

Let the games begin**************

I also was renting a car from landlord. He took the car and gave it to son. Keeping me from going to my job. I asked for the monies I paid and he refused. I will be giving him a demand letter today him a demand letter today.

I had merged my phone with his Verizon account. Same phone number for over 18 years.

He turned off my phone... NP got a new one. Still would like to port my old phone number though. He refuses to release it.

Then he turned off the internet. BIG PROBLEM.Had not yet obtained a new phone. Isolation! I do a lot of my work online and was communicating with friends via the internet.

Lets son to come in house and steal several personal things admittedly .

My key to the house was on key chain my son had with the car. I asked for a key and he said he had given me 3. Not true. I asked if he could please have another one made. He said maybe in 3 weeks.I left my bedroom window open and had to climb in it and out a window. Eventually found 1 key in my room under a pile of clothes I had not touched in months.

He left town and turned off the AC. 9/62017 and left town. South Carolina was under a state of emergency. http://www.postandcourier.com/hurricane-guide/south-carolina-declares-state-of-emergency-seeks-federal-disaster-declaration/article_b69c24da-931d-11e7-9bae-139da7220370.html

AC stayed disconnected for 2.5 weeks. He comes back from out of town turns AC back on. I had sorta implied he had broken me down so bad I was giving up my rights.

I had removed 99.9% of my personal belongings from the house. Still have antique furniture in garage along with many treasures like hobby horses photos Etc. I asked him to please give me a key to get my personal belongings. He refused.

I did what the local police said I could do and changed the garage lock. He had called them numerous times making wild accusations. The police are aware of my sons drug issue and the games he is playing with me and most importantly in child!

I had 3 different people that was going to help me move these items that backed out because of the craziness. I don't blame them! Had my child not been involved I would have cut my losses and moved on...

Now he has filed an eviction. He had told me is was going to in the beginning and handed me a 30 day notice. NP Just return the monies you have of mine. He tried to bully me and say he would pay 1/3 and I had to have everything moved that day. This was impossible as he knew.

He filed for a 10 day eviction on 8/22/2017. I have not yet been served. Rent is paid till October 31/2017

What are my options here?

Show up to court and tell the judge that your rent is paid through October 31/2017 and that he is trying to force you out and keep your money.

 

[reenzz]

Your "child" is an 18 year old man. He moved out months ago. You should do the same...asap. You can then sue your ex for any money owed and your belongings.

 

[Rulenumber1]

Your "child" is an 18 year old man. He moved out months ago. You should do the same...asap. You can then sue your ex for any money owed and your belongings.

Agreed he is a 18 year old man and its time for him to face the consequences of his actions. He has stolen a lot of money from me in the past month. I cannot do anything about this. The money was in a joint checking account. So be it. However he assaulted me 2 times in 3 days and will spend a night or two in jail. He is sick. Seeking help for him now.

I wish I could just snap my fingers and recoup enough money to move out. Because of car issue I missed too much time away from my shop. That cost me about 2,000.00 add that to what my son stole plus what landlord owes me I am at about a 4,000.00 lost in a months time.

What my son stole I am going to have to eat I know....What the landlord is trying to steal I do not have to eat in my world..

As far as suing him for my belongings if I leave them unattended as I did in the beginning there is a good chance of them being stolen. The monetary value in the garage is not much. All the good stuff was inside the house and has been removed. The sentimental value of what is in the garage is more valuable to me then the dollar amount of what this man is worth.

I wish I could buy him for what he is worth and sell him for what he thinks he is worth!

 

[Rulenumber1]

Your "child" is an 18 year old man. He moved out months ago. You should do the same...asap. You can then sue your ex for any money owed and your belongings.

Awesome! I intend to do just that. Can I sue him under SC law for retaliatory eviction? The way I read it I can. Just need confirmation (if I am correct) and some insight on how to proceed...

 

[HRZ]

You may have a much stronger point as to an illegal lockout by your LL ..that triggers leverage for 3 mos rent or double damages plus court costs and attorney fees ....focus on turn off of various utilities and denial of access ....the rest of the drama does not help your plight as a tenant .

PS...law in SC may permit LL to trash possessions left behind AFTER a proper eviction ...and it's darn hard to recover sentimental value . IF your tenancy includes use of garage you may want to bully access to same to get your stuff out .

 

[Gail in Georgia]

Reading through this I see no evidence of an "illegal lockout"; rather that one key to the house was on the key chain that her son had with the car. Later on in the posting it appears she found a second key to the rental property under a pile of clothes.

Indeed, the only one who may have done a possible "illegal lockout" is the OP herself for changing the garage lock.

The good news is that the vast, vast majority of the OP's personal belongings have been removed from the house.

The other good news is that with an eviction filed the OP can present evidence to the court that her rent has been paid until October 31st; she can request that the court order her landlord to reimburse her this rent.

I'd suggest leaving out the details about intimacy with the landlord. Courts would not like to hear that.

Gail

 

[Rulenumber1]

Reading through this I see no evidence of an "illegal lockout"; rather that one key to the house was on the key chain that her son had with the car. Later on in the posting it appears she found a second key to the rental property under a pile of clothes."

True



"Indeed, the only one who may have done a possible "illegal lockout" is the OP herself for changing the garage lock."

Not true. I was told by local law numerous local law county police I was I was within my legal rights. I told ex immediately I changed the locks and have offered numerous times to give him a key via text and verbally...Recorded... One party state.


"The good news is that the vast, vast majority of the OP's personal belongings have been removed from the house."



"The other good news is that with an eviction filed the OP can present evidence to the court that her rent has been paid until October 31st; she can request that the court order her landlord to reimburse her this rent."

Ok....



"I'd suggest leaving out the details about intimacy with the landlord. Courts would not like to hear that."

I agree....It is he that started the "cohabiting" mess with the local police. That gave him the right to go into my private bedroom lock me out go through my things and allow my son access...According to the police that is..


Gail

You may have a much stronger point as to an illegal lockout by your LL ..that triggers leverage for 3 mos rent or double damages plus court costs and attorney fees ....focus on turn off of various utilities and denial of access ....the rest of the drama does not help your plight as a tenant ."

Got ya...Will ask for more info on this soon....

"PS...law in SC may permit LL to trash possessions left behind AFTER a proper eviction ...and it's darn hard to recover sentimental value . IF your tenancy includes use of garage you may want to bully access to same to get your stuff out .

"

As stated above have already gained access per local police saying it was within my rights.. Waiting on a friend to remove the rest of my treasures...

Thank you Gail! you came to my rescue 3.5 years ago

Thank you also HRZ....Will be back with more questions I feel certain......

 

[Rulenumber1]

It was understood from the beginning that I was renting a room. Well actually two rooms. I value my privacy and it was always understood that he would not go in my room uninvited.

When he started playing his games he started going in my room and allowing my son to go in my room and take different items admittedly. Bay local police told me that since we were "cohabitating" he was within his rights. They are not attorneys however.

Legally do I have a right to my privacy in my rented room?

Trying to formulate how I'm going to present this to the judge. I know he's going to go in there with blah blah bla and try to bungle all the issues into an eviction.

Can y'all help me on how to handle myself in front of the court on the eviction? If I'm not mistaken the car issue and the phone issue both have to be different lawsuits?