Legal Question in Real Estate Law in South Carolina
Early termination of a lease by Tennant
My wife and I have been transferred from Columbia, SC to Charlotte, NC. (95 miles away). Our lease agreement does not bind our Landlord to let us out of the lease. Is there any statute which supercedes the leasing agreement which would allow us to terminate the lease legally? Is there a provision for a job oblication many miles away?
1 Answer from Attorneys
Is There a Statute allowing early termination to a lease in SC?
GA lawyer here. I dont think so, but for a specific answer, you will need to seek the counsel of a SC attorney. Usually, unless the tenant negotiates an early termination clause up front at the outset of the lease, he or she is bound to pay through the term of the lease. Many landlords will allow subletting under the circumstances of trnasfer.
Regardless of whether the transfer was a forced hardship or the result of a sought after new job, if this occurred in GA and there was no early termination clause in the lease, the tenant would be stuck. The rent is due month to month till the end of the lease. Suit for eviction will stop the running of rent when the tenancy is taken back by the landlord, but thats a different question.