Can a Departing Tenant Remove Materials Attached to the Premises

My question involves landlord-tenant law in the State of: SC

I need to have a tenant vacate a long term (25 years) rental on a property I recently purchased. There is no lease. Rented buildings are in disrepair. Tenant states that he wants to remove items he used to repair a building. I'm looking for something that describes what a tenant may and/or may not remove from rented premises at the conclusion of tenancy.

There are two main buildings involved, one a home, and one a building used for commercial purposes.

Does anyone know where I can find something in writing to deliver to the tenant? Talking isn't doing it.

Thanks for any advice.

The answer is "maybe". You need to share the relevant facts, whether we're talking about the commercial portion of the lease or residential portion of the lease (or both), and share the relevant language from the lease(s).

Ah, there's the rub. No lease for either. This is apparently a "handshake" agreement from 25 years ago. The building used for commercial purposes was apparently rented first, but I have no proof of anything.

I have no idea how to proceed. I have a call in to someone who apparently evicts people for a living, but have not heard back.

If he removes what is "his" the building will fall down.

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Quoting Catmad

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Ah, there's the rub. No lease for either. This is apparently a "handshake" agreement from 25 years ago. The building used for commercial purposes was apparently rented first, but I have no proof of anything.

I have no idea how to proceed. I have a call in to someone who apparently evicts people for a living, but have not heard back.

If he removes what is "his" the building will fall down.

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Can you please be more specific about what he believes is his?

Quote:

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Quoting Catmad

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I need to have a tenant vacate a long term (25 years) rental on a property I recently purchased. There is no lease. Rented buildings are in disrepair. Tenant states that he wants to remove items he used to repair a building. I'm looking for something that describes what a tenant may and/or may not remove from rented premises at the conclusion of tenancy.

There are two main buildings involved, one a home, and one a building used for commercial purposes.

If he removes what is "his" the building will fall down.

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You've got a problem.

Generally, improvements to property become part of the property and cannot be removed by a tenant unless those improvements are non-permanent. Unfortunately, I am not able to cite authorities at the moment and what complicates this is perhaps a difference between a repair and an improvement.

If removal of an improvement actually does cause the building to fall down (literally) you would, of course, have a cause of action for monetary damages.

The bigger problem is that South Carolina law is clear that a tenant is entitled to compensation for improvements made to property that he occupies.

Now, before I quote a case decision, understand that the cited case itself my be unrelated to your situation but a point made in the decision might very well be.

In Gheen v. Gheen the South Carolina Supreme Court notes:

"The situation here is that of landlord and tenant. We find this case controlled by our decision in Coggins v. McKinney, 112 S.C. 270, 99 S.E. 844 (1919), which held that a tenant who in good faith makes improvements to the leasehold, with knowledge and consent of the lessor, with the intent of enjoying them in the event he becomes the owner, is entitled to reimbursement for the value of his improvements to the estate."

http://scholar.google.com/scholar_ca...en&as_sdt=4,41

This situation could get very expensive if you have to litigate it so you might want to consider paying the tenant a less painful amount of money to get him to leave without removing his "improvements." Just make sure you get a written settlement agreement and don't hand over any money until he is on his way off the property with all of his stuff.

llworking, at this point, 3 4x4's...says his son wants them back. A door, which he says he replaced, and cost him $500. Car parts and equipment belonging to (and sold to us by) the former owners.

adjusterjack, I would GLADLY pay the cost, but he's ranting and raving. I think he just wants to rip stuff apart. I am also trying to figure out if the very low rent was because he was to maintain the property. Waiting for an answer on that, as well. Unfortunately, there are major health problems that prevent us from getting that information right now.

Thanks, that all helps.

Of course he's ranting and raving. He's had a good thing going for 25 years and you are pulling the rug out from under him. He's become your enemy and he wants to destroy you.

Assuming you gave him proper written notice of termination, when the end date comes and he's not out you file for eviction. If he damages your property, you sue him for the cost to fix it.

If, for whatever reason, you are not willing to do it that way, then you play into his hands and he delays the game until you step on him with both feet.

That's unfortunately how the landlord business is handled. He'll walk all over you if you let him see even a wisp of vulnerability.

We're ready to play hard-ball if needed, and are currently lining up what we will need. Notice will be given when rent again becomes due, it is paid for this term (and was when we purchased).
Sad thing is that he's only hurting himself. We were wiling to allow them additional time to relocate, and even assist, but that's now out the window, along with my sympathy...

Prepare the appropriate "pay or quit" notice and take it with you when you go to pick up the rent just in case he doesn't pay.

Sample notice:

https://rentallease.net/south-caroli...it-nonpayment/

Statute:

http://law.justia.com/codes/south-ca...ion-27-40-710/

Follow the requirements to the letter.