Evictions (Dispossessory)

By definition, a tenant is someone who pays rent to use or occupy land, a building, or other property owned by another person. A landlord, on the other hand, is a person who owns property and allows another person to use it in exchange for rent.

To remove a tenant, a landlord must file for eviction (the everyday term for what the courts call a "dispossessory). This process is the only correct means of eviction and must be done through the magistrate court.

Serving Eviction Notices

Once the eviction has been filed with the magistrate court, the Emanuel County Sheriff's Office serves the notice to the tenant. While the office strives for next-day service, there are instances where this may not be achievable. Regardless, the sheriff's office diligently expedites the process to ensure timely notification to the tenant. Tenants can be served by either having the notice tacked on their door or by being served the notice in person.

Responding to Eviction

Tenants have 7 days to respond to an eviction notice, including weekends and holidays. If the 7th day falls on a weekend or holiday, responses are due by 5 PM on the next business day. No additional days can be given by the court beyond the 7 days to file an answer.

Answers must be written and turned into the magistrate court in person by the tenant; answers cannot and will not be accepted by another party, nor can or will they be accepted over the phone or via fax. 

Submitting a response to an eviction notice will halt the eviction process, and a court date will be scheduled. Parties will be notified of the court date via U.S. Mail.

Effect of No Response

If a tenant does not respond within the 7-day period, a writ of possession will be issued to the landlord automatically, allowing the landlord to reclaim the property and remove the tenant's belongings.