Evictions are rarely pleasant. Even when you are finally removing an unreliable tenant, you still have to go through a tedious and lengthy process to remain legally compliant. Even just one minor mistake can result in more expensive solutions, weeks of lost rent, or having to retain a bad tenant. Here are the most common missteps and how to avoid them.
Key Highlights:
- Never use self-help eviction. Changing locks, cutting utilities, or removing belongings can expose you to damages of up to three months' rent or twice the actual damages, plus attorney's fees.
- The notice must match the reason. Unpaid rent generally calls for a five-day written notice, other lease violations generally allow 14 days to fix the problem, and month-to-month tenancies usually need 30 days. A vague or defective notice can get your case thrown out.
- Be careful about accepting money after serving notice. Even a partial payment without clear written terms may be treated as a waiver of the breach.
- Documentation wins cases. Keep the lease, payment ledger, copies of notices, inspection reports, repair requests, and all written communication organized and printable.
- Maintain the property and plan for delays. Unaddressed repairs can give tenants a defense or counterclaim, and evictions can take weeks or months, so keep cash reserves on hand.
1. Resorting to Self-Help Evictions
As mentioned above, you must follow proper eviction procedures. Trying to force a tenant without a court order is the most damaging mistake you can make. Self-help evictions can be in the form of changing locks, removing doors, shutting off utilities, or removing the tenant’s belongings yourself.
A tenant who is locked out or cut off can seek recovery of their possession or occupancy and may be awarded damages, which can include up to three months' rent or twice the actual damages, plus attorney's fees. No matter how bad the situation is, let the legal process work and avoid shortcuts.
2. Using the Wrong Notice
Eviction begins with proper written notice, and the required notice depends on the reason. For unpaid rent, South Carolina law generally requires a written notice giving the tenant five days to pay or vacate. For other lease violations, such as unauthorized occupants, pets, or property damage, the notice must describe the breach and generally gives the tenant 14 days to fix it.
If the problem isn't remedied within the statutory timeframe, you can then terminate the lease. Month-to-month tenancies usually require 30 days' written notice to end, but they are generally easier to navigate since you can just refuse to renew the lease. Landlords often handwrite a vague note, give too little notice, or fail to specify what the tenant did wrong. A defective notice can get your case thrown out, forcing you to start over.
3. Accepting Rent After Serving Notice
This one catches well-meaning landlords constantly. If you serve a notice for nonpayment or a lease violation and then accept a partial payment, or even a full payment, without clear written terms, a court may find you waived the breach or created a new tenancy.
If your goal is to evict a tenant, be careful about what you accept and document your transactions. If the tenant offers money after notice, talk to an attorney first, or issue a written agreement stating that accepting it doesn't waive your right to proceed.
4. Poor Documentation
When the case reaches court, the person with the clearest, most complete documents will likely win. You cannot make claims without evidence to back them up. If you’re evicting a tenant for nonpayment of rent, for instance, provide payment histories and copies of the notice you’ve sent to your tenant.
For good measure, keep organized, dated records from move-in onward, which include the lease and any addenda, payment history, inspection reports, repair requests, and every written communication. If you rely on text messages or emails, save them in a way you can print.
5. Ignoring the Property Condition
Tenants sometimes raise habitability issues, such as mold, plumbing failures, faulty heating systems, or other damage that puts them at risk, as a defense. If your property has unaddressed repair requests, a court may take a dim view of your case, or the tenant may counterclaim.
This isn’t something you have to worry about if you perform your property management duties effectively. A well-maintained property strengthens your position, especially when the tenant claims they delayed rent payments because of poor property conditions.
6. Going It Alone
Legal procedures are rarely simple. Dealing with the law can be complex, and a misstep can only prolong your problem. If you’re not familiar with eviction procedures and other concerning landlord-tenant laws, it’s best to consult a legal professional or property manager for advice, or let them handle the eviction process entirely.
The cost of an attorney is frequently less than the cost of a failed case and a delayed turnover. To be prepared, always keep cash reserves for this scenario. Keep enough to cover loss of rent caused by bad tenants or prolonged turnovers, considering how evictions can go on for weeks or months.
FAQs
Can I change the locks if my tenant stops paying rent?
- No. Only a court order, carried out by the proper law enforcement officer, can lawfully remove a tenant. Locking out a tenant or shutting off utilities can lead to damages and attorney's fees.
How much notice do I have to give before filing for eviction?
- It depends on the reason. For unpaid rent, South Carolina law generally requires written notice giving the tenant five days to pay or vacate. For other lease violations, the notice should describe the breach and generally allow 14 days to correct it. Month-to-month tenancies usually require 30 days' written notice to end. Your lease or federal rules may add requirements, so verify before you serve notice.
What happens if I accept rent after giving notice?
- A court may decide you waived the violation or created a new tenancy, which can undo your eviction case. If a tenant offers payment after notice, speak with an attorney first or put in writing that accepting the payment doesn't waive your right to proceed.
Navigating Evictions with Professional Help
Evictions reward precision. The right notice, clean records, a well-maintained property, and strict avoidance of shortcuts are what separate a smooth process from a costly restart. That’s the kind of service CREC Property Management can provide you with.
An experienced Charleston property manager already knows the notice requirements, keeps the records courts expect, handles tenant communication consistently, and manages the filing and court process from start to finish. We also take proactive measures to reduce or avoid evictions entirely.
Contact us, and we can simplify property management for you!
More Resources:
Fair Housing in Charleston: Why City Law Goes Further Than Federal and State Protections
