Legal Question in Landlord & Tenant Law in South Carolina

Tenant Rights

My husband and I are on a month to month basis with our rental situation. We did not sign a lease when we moved in. We have decided to move and let our LL know we would be leaving in 30 days. He said we have to wait until the 1st of the month to give notice. SC says we only need to give 30 days; doesnt matter when. LL had a bad motorcycle accident and will be in the hospital for approx. 6-8 months (out of state). Is our phone notice enough as far as ''giving notice''? If we send a letter to his home (which is where we live), he won't get it. We have no other way to notify him except by phone. We only have his cell phone number and most of the time his mother has his phone. What can we do to ensure that we are covering all the bases? LL said he feels ''screwed'' because we are leaving and he is in the hospital and has no way to get someone to replace us. He says he won't give us our security deposit back either because we gave our 30 days notice before the 1st of next month. He is a real estate agent and says that he knows the law and the law says that you must give your notice on the 1st of any given month. How can we make sure that we cover ourselves as far as letting him know our plans? What can we do in a situation like this? TY


Asked on 6/26/08, 10:53 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Tenant Rights

You written lease controls. If there is no lease, your notice is effective the LAST day of the month in which you gave it. Written notice must go to LL's last known address or address on lease.

My advice is: Plan on Aug 1 moveout, and offer LL to advertise and SHOW the apt, including putting up a sign. He may then let you off the hook if you get a renter in time.

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Answered on 6/26/08, 11:07 pm


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