Full question:
Is a 60 day notice prior to moving out in an 'Independent Living' facility, valid in S.C..
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Florida
Answer:
The validity of a 60-day notice to move out depends on the lease length and terms. If you have a lease, its terms will dictate the notice period required to terminate the tenancy. In South Carolina, if there is no current lease, you are considered a month-to-month tenant-at-will, which requires a 30-day written notice to terminate the tenancy.
Any claims regarding this matter will likely fall under contract law. Your rights and obligations, as well as those of the landlord, are determined by the terms of your rental agreement. It is important to review your contract carefully.
Refer to South Carolina statute § 27-40-770: (a) A week-to-week tenancy can be terminated with a seven-day written notice. (b) A month-to-month tenancy requires a thirty-day written notice.
If a tenant remains after the lease ends without the landlord's consent, the landlord may take action for possession and potentially recover fees if the holdover is not in good faith.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.