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  1. #1
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    Nov 2013
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    Default How to Give Notice to a Long-Term Tenant

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

    I just purchased a property that includes a residence occupied by a long-term tenant. Initially, we were willing to allow the tenant to remain in place for 6 months to 1 year. This was purchased for the land, not as an income producing investment.

    A recent conversation has brought to light that the home is in serious disrepair, and that the tenant expects it to be repaired and upgraded at our expense, while their rent remains constant. The rent is very low, and not consistent with comparable properties in the area.

    I am not in a position to make these repairs immediately, and have no wish to retain the tenants. They have known for ~2 years that the property would be sold.

    There is no written lease. They have occupied the property for 25-30 years, no-one seems to be quite sure. I was told they have been given funds for repairs in the past, but the repairs were not made.

    I want them to leave. I have received differing advice as to how to accomplish that. They pay rent mid-month. One person said I should serve them with an eviction notice the day the rent is paid, stating how long they have (30 days or more) to vacate from that day. Another said to serve on the first of the month, but using the date of the rent being due as the beginning date of the of the 30 (or more) days.

    I am not familiar with being a "landlord", so any advice/questions welcome. I tried the county website, but found nothing clearly stated.

    Thanks!

  2. #2
    Join Date
    Nov 2013
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    7,056

    Default Re: How to Give Notice to a Long-Term Tenant

    You serve them a SC landlord notice to vacate (available online) giving them 30 days (or 60 or 90 days). The minimum is 30 days for a month to month lease. It doesn't matter if the clock starts at the first of the month or the middle of the month. I would do it mid month or you will likely not get paid for the second half of the 30 day period.

    http://www.scstatehouse.gov/code/t27c037.php

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: How to Give Notice to a Long-Term Tenant

    Quote Quoting Catmad
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    I am not familiar with being a "landlord", so any advice/questions welcome. I tried the county website, but found nothing clearly stated.
    Make sure you follow the notice requirements to the letter.

    If you hand deliver the notice make sure you bring a witness who can testify to the delivery if necessary. Better to be overly cautious than to bleed for lack of caution.

    If they pay in mid month for a full month (like July 15 to Aug 14), prepare your termination notice dated July 15 for a termination date of Aug 14, collect the rent with one hand and hand over the notice with the other.

    May seem sneaky but I was a landlord for 20 years and can attest that tenants will walk all over you if you let them. Turn a deaf ear to any sob stories.

    If they aren't out and handing over the keys by then end of the day on Aug 14, you go to the courthouse on Aug 15 and file for eviction.

    Make sure you make personal visits to the property. Don't rely on mail and phone.

  4. #4
    Join Date
    Nov 2013
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    672

    Default Re: How to Give Notice to a Long-Term Tenant

    Thank you. That's exactly what I needed to know, and confirms the form I found.

    Fortunately, the property is quite close, situated so that someone here passes it at least twice a day, and we are watching. Sob stories are abundant, but so are demands, so we're good there.

    I appreciate the clarifications

  5. #5
    Join Date
    Nov 2013
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    672

    Default Re: How to Give Notice to a Long-Term Tenant

    Now I'm looking for a "Notice to Vacate" that does not include "pay or quit" provisions.

    I just want them gone, not able to stay if they pay. As far as I know, they have never been late with rent, but of course, that's hearsay.

    Is there a way in SC to just say, "You're done here, move on."

  6. #6
    Join Date
    Oct 2006
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    16,474

    Default Re: How to Give Notice to a Long-Term Tenant

    Quote Quoting Catmad
    View Post
    Now I'm looking for a "Notice to Vacate" that does not include "pay or quit" provisions.

    I just want them gone, not able to stay if they pay. As far as I know, they have never been late with rent, but of course, that's hearsay.

    Is there a way in SC to just say, "You're done here, move on."
    You could just re-write the Notice to Vacate, taking out the "Pay" provisions.

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: How to Give Notice to a Long-Term Tenant

    Quote Quoting Catmad
    View Post

    Is there a way in SC to just say, "You're done here, move on."
    Yes.

    "You're done here on August 14, move on."

    Just kidding. Well, maybe not.

    Anyway, there's a couple of places online that have samples that you can modify or simplify.

    http://secure.uslegalforms.com/cgi-b...nt~termination

    http://www.simplifyem.com/forms/sout...tice-to-vacate

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