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Old 12-18-2012, 08:06 AM
 
33 posts, read 87,990 times
Reputation: 49

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I received notice yesterday that my landlord is breaking my lease and ordering me (as well as the tenants of everyone in 4 separate buildings on the property) to move out in 60 days due to an "extreme bug problem" as they put it- even if we don't have a bug problem in our apartment. They claim it's because the bugs will come in when the neighbors move... it's the only way to get rid of them- they say. I have a feeling they are trying to get rid of us so they can rent the property for more money. (We've been here for 7 years so our rent is reasonable compared to some, because our apartment has not been upgraded in a very long time.) I don't have any money to fight them. It's a week before Christmas and I have no idea what to do. They won't pay moving fees or help us to relocate in any meaningful way. (The best they have offered is to waive the application fee if we stay at one of their other properties. That's it... and those properties charge at least $100 more in rent than what we currently pay.) It's the middle of the school year. My son has autism and we have fought and clawed in the past 6 months to get him where he is today and to think that we might lose ground over this... it's absolutely breaking me how heartless some people can be. Anywhere that I can turn for low cost legal advice? This can't be right.
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Old 12-18-2012, 08:50 AM
 
271 posts, read 797,620 times
Reputation: 239
If this is a property management company, (which if they have several apartment complexes as you've indicated, sounds like they are), then no doubt they've been sure to dot their "i's" and cross their "t's" in terms of their legal rights and what they are allowed to do.

Sounds like they've given 60 days notice, which is something they have to do legally. I don't see why they would evict a large number of renters, in hopes of raising rent, and then taking the chance that their property may stand empty for a while (especially if they've announced they have bug issues....word gets around). Most companies would keep the lease, and then raise rent for the next lease, in hopes a tenant would just pay more to avoid having to move.

I understand your stress, and fear over the unknown's of what is going to happen, but instead of fighting this, I'd spend my time, energy and resources finding a place to live.
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Old 12-18-2012, 09:17 AM
 
33 posts, read 87,990 times
Reputation: 49
Quote:
Originally Posted by samiis View Post
If this is a property management company, (which if they have several apartment complexes as you've indicated, sounds like they are), then no doubt they've been sure to dot their "i's" and cross their "t's" in terms of their legal rights and what they are allowed to do.

Sounds like they've given 60 days notice, which is something they have to do legally. I don't see why they would evict a large number of renters, in hopes of raising rent, and then taking the chance that their property may stand empty for a while (especially if they've announced they have bug issues....word gets around). Most companies would keep the lease, and then raise rent for the next lease, in hopes a tenant would just pay more to avoid having to move.
My thinking is this...

This particular place just spent 15 million dollars on renovations (mostly stuff like new roofs, windows, sidewalks). It's in a very desirable location, but it's a very old building and the inside needs a great deal of work. It's cheaper and more effective if we all leave at once- they go in and renovate quickly and then it can be rented out at a much more expensive rate. As far as the bug issue word going out- that's been widely known for years. You can't beat a dead horse. It's not getting any deader.

It also doesn't make sense that everyone's lease has to end. Simply end. To kill the bug problem. Why can't you just leave for a few weeks (even if it's at the lease-holders own expense) while the apartments are being treated and then the lessees can move back in and finish their lease? I still have an entire year left on mine. Why does everyone have to have their leases terminated?

But the legality thing... I understand that they can end our lease. But don't they owe us moving expenses? Something? If we end our lease early, I don't get off without penalty. My thinking is most people living here can't afford to fight it, they know that...- so even if they are doing something illegal- only a few will fight it, and they can afford that loss. (And perhaps that's what's really going on.)
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Old 12-18-2012, 09:24 AM
 
Location: home state of Myrtle Beach!
6,896 posts, read 22,535,868 times
Reputation: 4567
You have the right in GCSD to apply for enrollment in any school in the district. If you choose a school out of your area you have to provide transportation for the child to/from school each day. That said, I believe you also have the right to have the child finish the school year in the current school when you move, under the same transportation requirement above. If you have the means to do that, then schooling is the least of your worries. When looking for a new place try to stay within the borders of the school the child attends and if that isn't possible you still have the choice option. A child already enrolled in a school he then has to choose later is more likely to be accepted.

I attended 12 schools to graduate high school so I understand your concern with the school situation your child faces! If you have the means, just go; I believe in the end ya'll will be much happier. Try to find a caring individual to rent from next time; management companies are not to be trusted.

I have seen in the news though that people have done exactly what you are talking about bringing action against the management company. Couldn't tell you if they won but it was in the news here or in Chicago.
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Old 12-18-2012, 12:02 PM
 
298 posts, read 687,487 times
Reputation: 348
You are not going to win on this issue. Your lease holder is within their rights. Your time is best spent looking for your next home.

Life is not fair. Lady luck was not on your side this time.

Who knows, maybe your next home will bring better fortune for you and your family.
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Old 12-18-2012, 12:22 PM
 
826 posts, read 1,127,327 times
Reputation: 588
Depending on your income you may qualify for free legal aid through South Carolina Legal Services. But as others have said you probably have little recourse. Given the management company wrote the lease I am sure they probably have all their bases covered.
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Old 12-18-2012, 03:00 PM
 
33 posts, read 87,990 times
Reputation: 49
Quote:
Originally Posted by vmike View Post
Depending on your income you may qualify for free legal aid through South Carolina Legal Services. But as others have said you probably have little recourse. Given the management company wrote the lease I am sure they probably have all their bases covered.
Thank you for that reference. I did call them. They may or may not be able to help, but at least I did try (I don't know the legalities of these things and was getting conflicting advice from people who had been through similar situations before). I didn't want to do anything rash without proper legal advice.
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Old 12-19-2012, 07:33 AM
 
Location: Greenville, SC
5,238 posts, read 8,796,574 times
Reputation: 2647
Quote:
Originally Posted by Shadetree930 View Post
You are not going to win on this issue. Your lease holder is within their rights. Your time is best spent looking for your next home.

Life is not fair. Lady luck was not on your side this time.

Who knows, maybe your next home will bring better fortune for you and your family.
I'd have to agree with this ^^^

I understand being angry and frustrated at the landlord. Property mgmt. folk are right up there with attorneys and real estate agents as far as high scum-potential goes.

But the laws and contracts in this country favor those with money and power, and that doesn't describe a renter.

If you insist on finding a lawyer and spending valuable energy in that way, hopefully you can find one quickly, and he/she can direct you in a way where you energy will be well spent...finding a new home.

No legal process will happen in the next 60 days, and the costs will far outweigh any benefits.

And let's say whatever legal recourse you desire actually plays out well for you (which it won't even if you "win")...do you want to live in a place after such a fight? With such disreputable people managing things still, now fuming with anger towards you and your family?

It's literally time to move on, imho.
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Old 12-19-2012, 01:27 PM
 
4,412 posts, read 3,961,139 times
Reputation: 2326
I'm not an attorney, but I can read and it seems that according to the SC Bar Association, the landlord doesn't have the right to evict you unless you have done something on your end that constitutes breaking your responsibilities as a tenant, or your lease is up and they are giving proper notice that it will not be renewed. Generally, outside of a non-renewal of a lease, you cannot be forced to move unless you've damaged the property, the property is life safety hazard, or you've stopped paying rent.

Review this link and then cross reference it with the SC Code which is in the second link to federal HUD.
http://http://www.scbar.org/publicse...line/eviction/

http://http://portal.hud.gov/hudport...g/tenantrights

The advise from the other posters to give-up without first knowing your legal rights and your landlord's responsibilities is terrible. It could be the landlord is in the right, but you have to find out.
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