In landlord-tenant law, default usually refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
South Carolina Warning of Default on Commercial Lease
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How to fill out South Carolina Warning Of Default On Commercial Lease?
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FAQ
Anyone renting a building, whether for commercial or personal use, has the right to privacy. You are entitled to do anything on the property that you wish, so long as whatever you are doing is legal. The landlord cannot prevent you from operating your business nor from allowing guests or patrons on the property.
For example, the lease may provide that in case of default, the landlord can recover late fees and interest. If the lease is a net lease, it may provide for the landlord to recover such things as property taxes, insurance, utilities, maintenance and repairs.
To Evict a Tenant, You Must Terminate the Tenancy with Legal Cause. To lawfully evict a tenant in South Carolina, you must terminate the tenancy, and you must have legal cause to do so. If a tenant has not paid rent, the matter of unpaid rent is one reason to terminate the tenancy.
If the commercial tenant is a shell corporation and/or does not have any assets of value, the commercial tenant may choose to walk away from its commercial lease obligations.Often the landlord will require guarantees in order to prevent a commercial tenant from walking away from its lease obligations.
In Columbia, South Carolina, an eviction normally takes from 30 to 45 days, and the cost can range from $100 to $1,200, depending on whether you use an attorney to help you through the process.
A break-early fee is a lump sum payment. The amount of the break-early fee will vary greatly depending upon the commercial tenant's specific circumstances. In exchange for the break-early fee, the landlord will agree to release the commercial tenant from all of its obligations under the commercial lease.
The notice simply requires the tenant to leave the premises. With an unconditional quit notice in South Carolina, you can file an eviction lawsuit against the tenant immediately. You can also evict a tenant without them necessarily violating the lease or rental agreement.
CALGARY -- The province says commercial landlords will no longer be allowed to evict business tenants without first applying for rental relief from the government.
