My husband and I split up about two years ago and got back together in July. While I was gone, he signed a new lease contract with only his name on it. We split up last week again and he moved out. I went to try to pay rent yesterday and she wouldn't take it. Now the landlord served me an eviction notice (the landlord is his family friend). What legal rights do I have?
It depends upon the grounds under which the landlord filed the eviction. Generally speaking, if you are not a party to the lease, then the landlord can seek to have you removed on the basis that he did not enter into a lease agreement with you. If there had been some rental money accepted, then there MAY have been an argument that some form of rental agreement was created that required written notice before termination. Still, you MAY be able to set forth that you should have been given some form of notice that the landlord wanted you to vacate the property prior to the eviction being filed. It all depends upon your personal and specific circumstances which are not examined in depth in this forum.
Importantly, when an eviction is filed, the non-filing party has the right to request a hearing to set forth any defenses believed to be had. The deadline for requesting the hearing should be stated specifically in the papers served upon you. If you do not timely and properly request a hearing, an eviction will be automatically granted.
Notably, this is general information is provided on the issue of eviction without knowing any of the more specific details of your case. For advice specific to your circumstances, I strongly advise that you immediately consult with an attorney personally for a full exploration of your issues and any ways that may be available to you to challenge the eviction.
I wish you well with resolving your legal issue.
NO attorney-client relationship is created by this response. This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues as there is no direct contact with the questioner nor a review of any applicable documents. Responses are based on SC law or any applicable federal law as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person. The Brown Law Office, LLC is a private law firm owned and managed by Tina L. Brown, solo practitioner, and providing legal representation for consumer debtors under the United States Bankruptcy Code, some general consumer matters, defense of tenants in rental matters, with a particular emphasis upon income based housing, education law and social security disability appeals.
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