South Carolina Notice of and Request by Landlord to Tenant to Abate Nuisance
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FAQ
Criminal acts can include conduct such as assault, battery, robbery, murder, rape, drug abuse, and property damage. When a landlord fails to use reasonable care to protect their tenants, they can be held liable for the negligent or intentional criminal conduct of a third party.
Under the law, notice must be given two weeks in advance before the tenant is evicted.
Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.
But, do landlords have a duty of care to neighbours? In short: yes and no. It's difficult to hold landlords legally responsible for their tenants. Unless, that is, the landlord is deliberately encouraging antisocial behaviour.
The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.
Unfortunately, while they may not be technically accountable for the actions of their tenants, landlords may ultimately be liable if they allow or tolerate nuisance behavior or if they know that there is a great probability that such problems will occur.
For a month-to-month lease, the landlord and tenant must provide 30 days' notice of their desire to terminate the lease. If the landlord wants to terminate the lease for breach or non-payment of rent, he or she is required to provide 14 days' notice.
Be aware that if you are in a month-to-month tenancy, the landlord or the tenant only must give 30-days' notice before ending the lease. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.
