illegally evicted

[vedablue80]

In 2007 we purchased a mobile home from a man needing to get rid of said property. Paid in cash and recieved bill of sale and title. The mobile home is located on one of our family members property. He agreed to let us keep the mobile home there without charging rent as long as we payed the taxes at the end of the year. we agreed even though no contract was written. my husband went to work for JL (property owner.) Well, we've had a lot of problems getting paid from JL for work my husband had done for him. So we decided that after the first of the year we would begin looking for a place to move the mobile home to just get away from JL. The day after thanksgiving JL sent a letter to our house saying we had to start paying 350 a month on Jan 1st. Also that we had to put the power in our name and that it was going to be disconnected on Dec5. The power come to find out was illegally installed, but nevertheless it was in his name. We knew we could not get power cut on in our name bc the power company had made that very clear that power could not be established at that residence. Well with 5 kids in the house we knew we couldn't live there without power. So we started to look for another place to live. Not having the money to move the mobile home at that time, we just looked for rental property. We found a place to fit us all, and the power was cut on Dec 3. We began moving our stuff out. Dec 5 JL removed some items from the property that belonged to us. After confronting him about this, we got into it and i kicked his truck. He had me arrested for malicious injury to personal property. The officer did not take me to jail but told me not to take anything else off the property until the investigator came to talk to us. Well while waiting on the investigator we were served with a no trespass notice. Saying we could not enter the property. THE MOBILE HOME WE OWN included. The law said we abandoned the property. HOW do they figure that when we were forced out and not allowed back to retrieve our personal property. PLEASE someone tell me if this is illegal what he did, by not giving us an eviction notice and then not allowing us to enter our own home.

sc bar (magistrate tenant/landlord court section)
If the landlord unlawfully removes or prohibits the tenant from occupying the dwelling unit, or willfully causes interruption of essential services, such as water, electricity and heating, then the tenant can go to Magistrates Court to require the landlord to give him possession, or the tenant may terminate the rental agreement and, in either case, recover an amount equal to three months rent or twice the actual damages suffered by him, whichever is greater, plus reasonable attorney's fees. If the rental agreement is terminated, the tenant is also entitled to the return of his security deposit

 

[Gail_in_Georgia]

Although tenant/landlord laws are a little different for folks who own mobile homes (because eviction typically means they have to physically move the home they live in), you've already included in your posting what you must do.

In other words, file a lawsuit in Magistrate's court against "JL" for an illegal eviction.

Gail

 

[vedablue80]

thank you for your reply. the magistrate said there was nothing she could do and that we needed a lawyer. also said we have to pay to get r stuff that is still there..ie. clothes, furniture, toys, appliances. is there someone else who i can file the lawsuit with

 

[Gail_in_Georgia]

In South Carolina, Magistrate Court (your version of Small Claims) handles civil cases up to $7500. In these courts, an attorney is typically not required (although most states allow one to be present should either side desire so). Because this court typically handles small civil claims, filing and costs are minimal.

For civil cases that involve more finances than this amount, the next step is Circuit Court. An attorney is required for this court; however, if you win your case, court costs (including attorney costs) are often added to the judgement.

I've included a breakdown of the court system in South Carolina..

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/GeneralA.htm


Gail

P.S. Often the first step an attorney will do is writing a "demand" letter to the landlord on your behalf. Sometimes getting a formal letter with the threat of a impending lawsuit gets things rolling. These letters don't cost very much.