Order of Ejectment?

[Raven77]

What is the name of your state?What is the name of your state? South Carolina

We have a new apartment manger (old manager quit and always worked with us with rent issues)...We are no longer under a lease (never resigned last year - old manager was kinda slack and didn't ever send me new lease to sign, so we have been basically living month-to-month)...

Our rent is overdue for this month of March - which we fulling intended to pay TODAY (we have been having financial difficulties but things are finally looking up). We received an Order of Ejectment last night stating that we had 10 days to show cause why we shouldn't be evicted etc. but paper doesn't give any type of court date or phone number to call other than the apartment office phone number. What I'm wondering is are we definately going to be evicted or can we just pay the rent plus Order of Ejectment fee? OR do we have to go to court and such?

Thanks...

 

[seniorjudge]

What is the name of your state?What is the name of your state? South Carolina

We have a new apartment manger (old manager quit and always worked with us with rent issues)...We are no longer under a lease (never resigned last year - old manager was kinda slack and didn't ever send me new lease to sign, so we have been basically living month-to-month)...

Our rent is overdue for this month of March - which we fulling intended to pay TODAY (we have been having financial difficulties but things are finally looking up). We received an Order of Ejectment last night stating that we had 10 days to show cause why we shouldn't be evicted etc. but paper doesn't give any type of court date or phone number to call other than the apartment office phone number. What I'm wondering is are we definately going to be evicted or can we just pay the rent plus Order of Ejectment fee? OR do we have to go to court and such?

Thanks...

Is it an actual court document or just something the landlord fixed up to look like a court document?

 

[Raven77]

It looks like an actual court document...it has magistrates signature at bottom.

I did a lot of searching on the matter...and found this (although this is not our county, would it still apply since we are in same state?):

A $40 filing fee is attached to the first application, which is the Affidavit and Application of Ejectment and Rule To Show Cause. This paper gives the tenant 10 days from the date of service to settle with the landlord, move, or request a hearing to show cause why s/he should not be evicted. If the tenant does not settle, move, or request the Show Cause hearing at the end of this period, the landlord should make the application for the second paper of the eviction process, which is titled a Writ (or Warrant) Of Ejectment. There is a second $10 filing fee required with this paper. The Court prepares the paperwork and a constable will serve the tenant. This second notice gives the tenant 5 days to settle or vacate. If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable.

**Here is link to full article**

So, what I get from the section in bold, above, that we CAN settle rent amount and not have to move?

 

[SkeeterBug]

Translation

It means to either pay your rent or leave and if not leaving show cause to why so in your case. I am sure it means pay or leave and if you pay you can stay. However ask your Landlord? also you will probably have to pay back the $40.00 filing fee. if landlord doesn't ask for it offer it after all it was your actions that cost them the extra money. make sure to get receipt. I have a feeling that this manager will not put up with it and work with you like previous manager did so even though you will come out of this ok. I would do my best to keep the rent paid on time and to behave yourself because this new manager probably will end up sooner or later evcting you if you keep missing rent payments because to them then you would be more trouble than your worth to them when they can get a tenant in your place that would keep rent paid up on time.

 

[Raven77]

I have been trying to call landlord this morning but she isn't answering...she may not be there but I'm going to keep trying. We have 10 days according to the paper but I want to get it paid TODAY. We haven't been late many times...it was the past few months we fell on hard times - husband's father & him have business together and father-in-law got into car accident (police officer pulled out in front of him - officer is at fault, still waiting on the city to settle) - he got hurt pretty bad (broken hip & more) and is just now able to return to work. Work had been VERY slow since hubby couldn't do big jobs alone (construction). I know this is no excuse but times for us have been really hard up until this point...(they returned to work last week).

I already planned on pay the filing fee - which in our case is $50...that is no problem. Since hubby finally is going back to work full-time, we won't be late on rent any more. It was just a temporary thing. I was just afraid that we were definately going to be evicted.

Thanks for your replies!

 

[SkeeterBug]

That's lousy

I misjudged you from your first post. a lot of people get behind because they buy toys instead of paying rent or just don't pay it. Sounds like even though this effects you big time that it is just a bad setback. hope everything goes ok with you and the person hurt. does Landlord know what happened? you sound like a responsible person. I am sure if you can get Landlord to work with you then this should only be a one time thing (you hope)

 

[Raven77]

That's okay...I have read a lot of posts here and seen some people are just that type.

The new apartment manager just started working at apartment one month ago...the old manager was working with us b/c she knew situations. We were planning to pay the rent + fee today (I can't get in touch with her - I have called & called but I think she may have day off for Good Friday?) ... and hubby is going to pay April's rent on time next week. I just need to contact her so they don't move forward with this ejectment order.

Can they refuse 'settlement' payment and go ahead and evict anyway?

This paper gives the tenant 10 days from the date of service to settle with the landlord, move, or request a hearing to show cause why s/he should not be evicted.

Thanks for your reply.

 

[seniorjudge]

That's okay...I have read a lot of posts here and seen some people are just that type.

The new apartment manager just started working at apartment one month ago...the old manager was working with us b/c she knew situations. We were planning to pay the rent + fee today (I can't get in touch with her - I have called & called but I think she may have day off for Good Friday?) ... and hubby is going to pay April's rent on time next week. I just need to contact her so they don't move forward with this ejectment order.

Can they refuse 'settlement' payment and go ahead and evict anyway?



Thanks for your reply.

from the article you cited:

The Court prepares the paperwork and a constable will serve the tenant. This second notice gives the tenant 5 days to settle or vacate. If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable.


It looks like the ball is in your court (i.e., pay up) and if you do not, then they go get the constable and throw you out.

 

[Raven77]

I think we are going to be okay then b/c we are going to pay as soon as I can get in touch with the apt. manager. I do not want to drop the payment in there without receipt so I will have to wait till I can talk to her directly.

Thank you so much for your reply!

 

[seniorjudge]

I think we are going to be okay then b/c we are going to pay as soon as I can get in touch with the apt. manager. I do not want to drop the payment in there without receipt so I will have to wait till I can talk to her directly.

Thank you so much for your reply!

You are welcome.

 

[SkeeterBug]

I think

I think that when you pay her it will end. The reason I think this is because of the notice to pay or leave. They can refuse payment and go ahead with eviction but I really honestly think that when you pay it will stop and Never Never Never give a landlord cash with out a receipt. I do not even give a check or money order without a receipt. There is just too many dishonest people out there and I just want to cover my rear end should a landlord say I didn't pay. Please keep me informed on how this goes but I have a good feeling on this one.

 

[Raven77]

I still haven't been able to get in touch with the apt. manager. I guess since it's Easter weekend, she has days off. I will continue to try to get in touch with her though. We have the cash to pay the rent + filing fee for the order, ready to give her...and I AM going to get a receipt. I just hope she isn't going to be an all out harda$$...I have been worrying about this since receipt of the notice. I will post when I find out what is going to happen.

Thanks for your reply & have a great weekend!!

 

[Raven77]

Good News

Finally got in touch with apt. manager today and she was actually very friendly. We were able to pay the past due rent (+ the $50 filing fee) and we are in the clear! She told us that if we were unable to pay the rent by the 15th of the month (which is the date that she files the application for ejectment order), to just let her know so she won't file for it! YAY! Things are finally looking up for us!

Thank you all who replied with friendly advice...I had been worrying since receiving the order and now I'm just SO relieved!

Have a wonderful week!! Thanks again!

 

[treese]

Raven77 ... good ending and glad to read that the apt. manager is willing to work with you ... a BIG relief for you

 

[SkeeterBug]

Yeaaaaa

I knew things would be ok for you. I am happy for you and I am sure it feels soooooo goood to have that load of worry off your back. Good luck