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In the past, a landlord may have waived their right to forfeiture if a tenant breached a covenant because that tenant was a 'good payer'. Now this tenant may be not meeting their rent obligations and continuing to breach covenants.
Eviction Process for Illegal Activity Tenants can be evicted in South Carolina if they are involved in illegal activity. If tenants are involved in illegal activity, they may not receive written notice 5 prior to eviction or have the opportunity to correct the issue.
For the landlord to forfeit, the lease must first contain a forfeiture clause. This allows the landlord to terminate the tenancy upon the tenant failing to pay the rent (usually after a period of grace of between 14-28 days) or in the event of any other specified breach of covenant.
In the state of South Carolina, there are no specific subletting laws that the residents who live in the state must follow. So, unless the landlord has said explicitly that subletting the unit is not permitted in the original rental agreement, they will have to accept any sublease agreement that the tenant creates.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
In the state of South Carolina, there are no specific subletting laws that the residents who live in the state must follow. So, unless the landlord has said explicitly that subletting the unit is not permitted in the original rental agreement, they will have to accept any sublease agreement that the tenant creates.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises.
A tenant has the right to quiet enjoyment of the property without interference by the landlord. This is called the covenant of quiet enjoyment. It exists in every lease.
Is Subletting Illegal? In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.
Possession and breach of covenant claims are breaches by the tenant (usually) or the landlord of their obligations contained in the lease. Tenants' breaches commonly include; failure to pay the rent, sub-letting without permission, carrying out unauthorised alterations, failure to repair or becoming insolvent.