Full question:
I have a Tenant under a month to month lease with rent due 1st of month renter sent 30 day notice and prorated rent to move date,is this right.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: South Carolina
Answer:
The 30-day notice is correct. However, prorated rent is not automatically granted unless specified in the lease or agreed upon by both parties. State laws do not generally give tenants the right to prorate rent. If the tenant stays beyond the 30-day notice into a new month, the full month's rent is due unless the lease states otherwise or you both agree to a different arrangement.
Relevant South Carolina statutes include:
SECTION 27-35-120: A month-to-month tenancy can be terminated by either party with a written 30-day notice.
SECTION 27-35-180: If a tenant gives notice but does not vacate on time, they may owe double the rent for the period they remain.
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.