How Do I Terminate a Lease in an Independent Living Facility in South Carolina?
Full Question:
Answer:
The answer will depend on the length of the lease, or whether the resident was a tenant-at-will, the lease terms, and whether any written notices were given. Generally, the terms of the lease regarding notice to terminate the tenancy will govern.. However, if there was no current lease in force, the tenant is considered a month-to-month tenant-at-will and SC statutes require 30 days' written notice to terminate a month-to-month tenancy.
Any claim you may will likely be governed by contract law. The terms of your contract with the landlord will generally determine your rights and obligations as well as those of the landlord. You should carefully review the terms of the contracts involved to determine your rights and obligations in regard to notice to terminate the tenancy
.Please see the following SC statute:
§ 27-40-770. Periodic tenancy; holdover remedies.
(a) The landlord or the tenant may terminate
a week-to-week tenancy by a written notice given to the
other at least seven days before the termination date
specified in the notice.
(b) The landlord or the tenant may terminate
a month-to-month tenancy by a written notice given to the
other at least thirty days before the termination date
specified in the notice.
(c) If the tenant remains in possession without the
landlord's consent after expiration of the term of the
rental agreement or its termination, the landlord may bring
an action for possession. If the holdover is not in good
faith, the landlord may recover reasonable attorney's fees.
If the tenant's holdover is a wilful violation of the
provisions of this chapter or the rental agreement, the
landlord may also recover an amount not more than
three months periodic rent or twice the actual damages
sustained by him, whichever is greater and reasonable
attorney's fees. If the landlord consents to the tenant's
continued occupancy, § 27-40-310(d) applies.