Can A Tenant Prorate Rent After Giving 30 Days Notice?
Full Question:
Answer:
The 30 days notice is correct, but the prorated rent would have to be a matter of agreement, unless the lease gives the tenant the right to prorate the rent. State statutes don’t give the tenant the right to prorate rent. If they stay past the 30 days into a new month, a fuill month's rent would be due unless the lease states or you agree otherwise.
Please see the SC statutes below:
SECTION 27-35-120. Termination of month to month tenancy.
A tenancy from month to month may be ended by either party giving to the other written notice of thirty days to the effect that such tenancy shall be then terminated. No such tenancy shall ripen into a tenancy from year to year.
SECTION 27-35-180. Penalty for not delivering possession after notice of intent to quit.
In case any tenant shall give notice in writing of his intention to quit the premises rented by him and shall not accordingly deliver up the possession at the time in such notice contained, the tenant, his executors or administrators, shall pay to the landlord double the rent which he otherwise would have been liable to pay. But nothing herein contained shall be construed to give such tenant a right to discontinue or determine his tenancy by such notice in any other manner than according to the laws of force at the time of giving such notice.
