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I am in South Carolina and my lease expires 7/1. I don't want to sign a new year lease and the landlord has made it clear that he won't do a month-to-month or anything less than a year. I got the new lease about 15 days ago and it also includes a rent increase. If I don't sign this lease, do I still have 30 days to move my stuff or does he have the right to make me leave tomorrow?
Also, does he have to give 30 days notice on a rent increase, or does it not matter because it is a new lease?
This is in the lease as well;
"Lessee covenants that he will vacate said premises promptly upon termination of the term of this lease, and without further demand, notice, or legal proceeding of any nature." It goes on to say that it will be reverted back to month to month is both parties agree (they don't) and that if "said continued occupancy shall be without consent of the lessor, lessee shall be deemed a tenant at will and liable to summary eviction by Lessor without further notice"
I don't want to sign a new year lease and the landlord has made it clear
that he won't do a month-to-month or anything less than a year.
"Lessee covenants that he will vacate said premises promptly upon termination
of the term of this lease, and without further demand, notice, or legal proceeding of any nature."
So... have you accumulated all the boxes you'll need? Hired the truck yet?
You have about 11 hrs to go.
Be sure to clean real good too if you want to see the SD returned.
Does your lease have a clause which addresses how far in advance of the lease end date either tenant or landlord has to advise each other of their intent to renew? Most standard leases do and that date is usually 60 days prior to the end date in order that both can make other arrangements if a renewal isn't agreed upon. The "about 15 days ago" when your landlord provided you with a new lease and new terms nowhere meets this requirement and just his giving you a lease to consider indicates his intent to renew and not hold you to an automatic relinquishing of the property.
In my opinion he's given you way insufficient notice and since you don't agree with the new terms you should tell him so and be prepared to leave at the end of July.
No, he wasn't obliged to give you 30 days of a rent increase. If he'd offered you the new lease in timely fashion you could then have made your decision to accept or reject.
I'd suggest you call Legal Aid in your area tomorrow to confirm. Good luck!
This is the only thing mentioned in the lease about renewal.
"Lessee covenants that he will vacate said premises promptly upon termination of the term of this lease, and without further demand, notice, or legal proceeding of any nature." It goes on to say that it will be reverted back to month to month is both parties agree (they don't) and that if "said continued occupancy shall be without consent of the lessor, lessee shall be deemed a tenant at will and liable to summary eviction by Lessor without further notice"
What happens if I just don't leave? I have no problem paying for the month, but if he won't let me do that; what happens if I just tell him I won't be out for another week?
Yes, I saw the clause you quoted earlier. My point is that I believe the clause I mentioned is legally binding and, even if it's not specifically in your lease, is standard practice. You can check your state landlord tenant laws (probably linked in the first "sticky" on this forum) but this is why I also suggest you call Legal Aid in your area (or a real estate attorney) tomorrow. They should be able to easily clear this up with you in a simple 'phone call.
Worst case scenario, if the legal beagles confirm that you should have been prepared to leave at the end of June and your landlord baulks at letting you make alternative arrangements in the next month, he'll have to go through the court system and legally evict you. He's hardly likely to go to all that trouble which will inevitably take much longer than a month to effect.
what happens if I just tell him I won't be out for another week?
Not a lot. Do it along with a check for 1/4 the rent though.
Bottom line is the distinction between rights and judicial actions.
He would have to go through a LOT of effort and bother to achieve something
(after X weeks) that when all is said and done will have happened 2-3 weeks before.
However, if you aren't seen to be diligently going about the process of packing and cleaning
so that you *can* be out in a week then he'll be forced (and wise) to cover his A and formally file on you.
So... try to keep it pleasant, offer to pay the fair share for the extra week and get to work.
SC does not have a notice period for end of term or rent increases as it’s normally a provision of the lease. Your lease states that you agree to vacate on the last day and that is what you legally must do. Had your lease not covered the end of term, it would have been 30 days by traditional SC court rulings, but yours does cover it so you have to be out on the last day of your lease. Now, rent increases should follow the same notice condition, it's mentioned in the lease or it follows common court rulings in SC. Currently SC courts seem to say 30 days, but there are usually many other factors that go into it not to mention you’re not renewing so that could be a moot point. You need to speak with legal help.
Your landlord can treat you as a holdover tenant as of tomorrow, and start eviction proceedings. You really don't want an eviction on your record. Better talk to the landlord. If he serves you with a 3 day notice to move or quit, get out of there. Sure, you can go to court, but if he files an unlawful detainer against you, that's all that is reported on an eviction report. It doesn't matter if you win. All that is reported is whether or not an unlawful detainer was filed. It's a lousy deal, but that's how it works.
SC does not have a notice period for end of term or rent increases as it’s normally a provision of the lease. Your lease states that you agree to vacate on the last day and that is what you legally must do. Had your lease not covered the end of term, it would have been 30 days by traditional SC court rulings, but yours does cover it so you have to be out on the last day of your lease. Now, rent increases should follow the same notice condition, it's mentioned in the lease or it follows common court rulings in SC. Currently SC courts seem to say 30 days, but there are usually many other factors that go into it not to mention you’re not renewing so that could be a moot point. You need to speak with legal help.
The real point is that although the lease doesn't contain that standard clause I mentioned earlier, nothing seems to have been put in writing about the intent of either the landlord or the tenant but the landlord presented the tenant with a new lease in insufficient time for the tenant to make a decision in even 30 days.
OP: i suggest you call the landlord and ask if you can stay one more month and pay the full new rent for the month of July.Just pay the extra higher rent for the 1 month. And get agreement that you move out by July 30.
I think this is a win-win for the landlord and the tenant. After all, the landlord has not advertised or picked out a new tenant yet. This gives the landlord 30 days to find a new tenant. They dont want a vacancy.
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