US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
What are my options if my tenant won't move out after notice?

What are my options if my tenant won't move out after notice?

Q: Does a new lease void an old lease?

Generally, signing a new lease does void the old lease, as the new agreement replaces the previous one. However, if the new lease does not explicitly state that it nullifies the old lease, both agreements may coexist. It's crucial to clearly outline the terms in the new lease to avoid confusion.

Q: What happens if a tenant stays after a lease expires?

If a tenant stays after a lease expires, they may be classified as a holdover tenant. The landlord can initiate eviction proceedings if the tenant does not vacate voluntarily. In South Carolina, landlords must follow legal procedures for eviction, including providing proper notice (S.C. Code § 27-40-760).

Q: Does a new lease void an old lease after?

Yes, a new lease typically voids the old lease once it is signed and becomes effective. The new lease should clearly state that it replaces the previous agreement to avoid any confusion. It's advisable to keep records of all lease agreements for clarity.

Full question:

My tenents lease is up on the 15th of June. She was given Verbal notice in April that the lease would not be renewed (I am selling the house). She only paid Half of th May/June Rent. Won't return phone calls, shows no sign of getting ready to move. What are my options if she says she can not be out. She has 4 kids. I'm sympathetic but need to get house on market with out her in it.

Category: Landlord Tenant
Date: 04/07/2025
State: South Carolina

Answer:

To address your situation, first review your lease agreement for terms regarding termination and eviction. In South Carolina, the following statutes are relevant:

1. **Notice Requirements**: You must provide written notice to the tenant regarding the lease termination. Verbal notice may not be sufficient for legal proceedings.

2. **Nonpayment of Rent**: If rent is unpaid, you can terminate the rental agreement after giving the tenant written notice of nonpayment. The tenant has five days to pay the overdue rent (S.C. Code § 27-40-710).

3. **Eviction Process**: If the tenant does not vacate after the lease ends or does not pay rent, you may file for eviction in court. You will need to follow the legal process, which includes notifying the tenant and potentially obtaining a court order for eviction (S.C. Code § 27-40-760).

4. **Possession of Property**: If you sell the property, you must notify the tenant in writing. The new owner will assume the rental agreement unless otherwise stated (S.C. Code § 27-40-450).

5. **Access to Property**: You have the right to show the property to potential buyers, but you must provide reasonable notice to the tenant (S.C. Code § 27-40-530).

Given the circumstances, it's advisable to consult with a local attorney who specializes in landlord-tenant law to ensure you follow the correct procedures and protect your rights.

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.

FAQs

Can a landlord back out of a verbal agreement?

In general, a landlord can back out of a verbal agreement if it does not comply with state laws or if it has not been formalized in writing. However, verbal agreements can still be legally binding in some cases. It's important to review the specific terms discussed and consult with a legal professional to understand your rights and obligations under South Carolina law.

What happens after lease time expires?

When a lease expires, the tenant is typically required to vacate the property unless a new agreement is reached. If the tenant remains, they may be considered a holdover tenant, which can lead to eviction proceedings. In South Carolina, landlords must follow specific legal processes to evict a tenant who refuses to leave after the lease ends (S.C. Code § 27-40-760).

What makes a lease agreement void?

A lease agreement may be considered void if it lacks essential elements, such as mutual consent, a lawful purpose, or if it violates state laws. For example, if the lease terms are illegal or if one party was coerced into signing, it may be deemed void. Always consult a legal professional to assess the validity of a lease agreement.

What are my options if my tenant won't move out after notice?

Full question:

Answer:

FAQs

Can a landlord back out of a verbal agreement?

What happens after lease time expires?

What makes a lease agreement void?

Does a new lease void an old lease?

What happens if a tenant stays after a lease expires?

Does a new lease void an old lease after?

Find a legal form that suits your needs

Related questions