South Carolina Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

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Multi-State
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US-00867BG
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Description

This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.

In South Carolina, a Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease is a legal document filed by a landlord seeking to regain possession of a property that has been leased to a tenant. This type of complaint or petition is relevant when the term of the lease has ended, and the landlord wishes to reclaim the property due to non-renewal or expiration of the lease agreement. The purpose of filing this legal action is to initiate the eviction process. The landlord may have valid reasons for seeking possession, such as non-payment of rent, breach of lease terms, or refusal to vacate after the expiration of the lease. There are different types of Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease in South Carolina, which are categorized as follows: 1. Non-Renewal of Lease: This type of complaint is relevant when the landlord has chosen not to renew the lease agreement at the end of its term. It typically occurs when the landlord and tenant do not wish to continue their rental relationship. 2. Breach of Lease Terms: If a tenant violates any terms or conditions mentioned in the lease agreement, such as subleasing without permission, keeping pets in a no-pet property, or causing damage to the premises, the landlord can file a complaint based on the breach of lease terms. 3. Failure to Vacate: In situations where the tenant refuses to vacate the property after the lease expires, the landlord can file a complaint to recover possession. This may occur when the tenant feels entitled to remain in the property beyond the lease term or disputes the termination notices given. To successfully file a Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease, landlords must adhere to the legally required procedures. This often includes providing proper notice to the tenant, following South Carolina landlord-tenant laws, and submitting the correct court documents. It is crucial for both landlords and tenants to understand their rights and obligations regarding lease expiration and eviction. Seeking legal advice or consultation from a professional attorney experienced in South Carolina landlord-tenant law is strongly recommended for both parties involved in such cases.

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FAQ

Section 22-3-540 provides that magistrates (and by implication, municipal judges) have exclusive jurisdiction over all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days.

To validly adversely possess a property you must openly, obviously, and actually be on the land treating it as your own, as well as exclusively and continuously for as many years as is required by state law. In South Carolina, the time period is 10 years.

Section 22-3-10, as limited by § 22-3-20, sets out magisterial jurisdiction over fourteen areas of civil subject matter as follows: 1. Actions on contracts for the recovery of money, where the claim does not exceed $7,500.00; 2.

Without clear title, an owner will not be able to enjoy their property free and clear, or to sell the property. Bringing a quiet title action simply means that the owner of real property is asking a court to eliminate any other interests claimed to the real property.

The squatter must live on the property for an uninterrupted period of 10 years or more to claim adverse possession (SC Code § 15-67-210). The squatter can possess the property and for 20 years (§ 15-3-1) or possess the property with color of title while paying taxes for 10 years (§ 15-3-15) to claim ownership.

(A) Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.

Non-renewal of lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease term ends (and have not arranged for a renewal).

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South Carolina Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease