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South Carolina
Complaint for Unlawful Detainer - Residential Tenant Holding Over...

South Carolina Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

Category:

Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

Control #:

US-03315BG

Format:

Instant download

Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.

An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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FAQ

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).

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

A tenancy for years is an estate lease agreement that lasts a specific amount of time, with opportunities for renewal at the end of each lease. These fixed-term tenancy contracts have clearly defined beginning and end dates and a specified rent payment that both the lessee and the lesser must agree to.

Evicting a tenant in South Carolina can take around four to nine weeks (or more) depending on the eviction type and how quickly the summons is served on the tenant. If tenants request a jury trial, the process can take longer.

Under the Residential Landlord-Tenant Act, a tenant may bring an action against the landlord for recovery of damages or to obtain legal relief for any violations by the Landlord. These remedies will be discussed later. A tenant is responsible for paying rent on time.

If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out.

If your lease is written, the amount of notice should be stated in it. If you have an oral agreement, either the landlord or the tenant may end the lease by giving notice to the other party. Proper notice is 7 days if you rent by the week or 30 days if you rent by the month. The notice must be in writing.

Can Tenants Withhold Rent in South Carolina? Under South Carolina law, tenants may withhold rent if the landlord fails to provide essential services such as heating systems, water supply, good sanitary conditions, and maintenance.

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