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South Carolina Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent

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This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually prohibited under the reasonableness standard. The tenant shall neither assign the lease nor sublet all or a portion of the demised premises without the landlord's prior written consent. This form outlines the specific situation where the landlord may withhold such consent.

Keywords: South Carolina, transfer clause, contractual right, withhold consent, types The South Carolina Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent is a provision commonly found in lease agreements in South Carolina. This clause pertains to the rights and responsibilities of both the landlord and the tenant regarding the transfer or assignment of the lease. This transfer clause allows the landlord to withhold consent when a tenant wishes to transfer or assign their lease to another party. The landlord may have legitimate reasons for wanting to withhold consent, such as concerns about the financial stability or suitability of the proposed new tenant. The clause gives the landlord the contractual right to review and evaluate any potential transferee before granting approval for the transfer. There are different types of South Carolina Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent, and they may vary depending on the specific terms and conditions outlined in the lease agreement. Here are a few common types: 1. Absolute Consent-Withholding Clause: This type of clause allows the landlord complete discretion in granting or withholding consent for a lease transfer. The landlord is not required to provide any specific justification or reasons for withholding consent. 2. Reasonable Consent-Withholding Clause: In this case, the landlord's right to withhold consent is subject to reasonableness. The landlord must have a legitimate and reasonable basis for denying the transfer, and he or she may be required to provide a written explanation for doing so. 3. Prior Written Consent-Withholding Clause: This type of clause specifies that the tenant must seek the landlord's written consent before transferring or assigning the lease. Without obtaining the landlord's prior written consent, the transfer may be considered invalid. It's essential for both landlords and tenants to thoroughly review and understand the South Carolina Transfer Clause containing a contractual right for the landlord to withhold consent before entering into a lease agreement. This clause can provide protection for landlords against potential risks or liabilities that may arise from an improper transfer, while also ensuring that tenants are not unreasonably restricted from transferring their lease rights.

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FAQ

Your landlord must file a lawsuit in a South Carolina court to have you legally evicted. Your landlord can't legally force you to leave any other way. This includes turning off the power, changing the locks, or moving your property outside.

The South Carolina Landlord Tenant Act S.C. Code Ann. § 27-40-440 requires the landlord to maintain the property in a safe and habitable condition: Compliance: Obey all building and housing codes that affect health and safety.

(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times. (4) unless the tenant has abandoned or surrendered the premises.

In particular, joint tenancies with right of survivorship involve all parties having equal ownership and the right to assume another owner's interest in the event the other owner dies.

Joint Tenants with Rights of Survivorship: Created by SC Code §27-7-40. Upon the death of one owner, the death certificate is filed at the courthouse and that owner's interest automatically passes to the surviving owner(s).

SECTION 27-35-130. Notice required for tenants at will and domestic servants. All tenants at will and domestic servants shall vacate the premises occupied upon twenty days' written notice.

Primary tabs. Under the right of survivorship, each tenant possesses an undivided interest in the whole estate. When one tenant dies, the tenant's interest disappears and the others tenants' shares increase proportionally and obtain the rights to the entire estate.

The South Carolina Code of Laws and legislative information may be found at .

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.

Permitted Times: Landlords may only enter at reasonable times (SC Stat. § 27-40-530(c)). Entry without consent is also permitted between a.m. and p.m. to provide regularly scheduled maintenance services and between a.m. and p.m. to provide services requested by the tenant.

More info

(3) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the ... This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually ...The easiest way to edit Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent in PDF format online · Sign in to your account. by CR LANDLORD · 1988 · Cited by 7 — Part IV focuses upon the duties, rights, and remedies that exist during the landlord and tenant relationship, including the rights of either party to terminate ... by MS Levin · Cited by 18 — ' Courts have held that a landlord may arbitrarily reject a proposed assignee of a tenant who is a party to a lease containing an approval clause ... This article addresses the right to arbitrarily restrict the transfer of occupancy and mineral leases. An absolute veto can be reserved by declaring that ... Jan 23, 1995 — The lease is not transferable absent written consent by the Lessor. The clause does not require that PRT act reasonably in withholding consent ... by M Wach · 1993 · Cited by 13 — When a transfer of property involves an accompanying con- tract, principles of real property law and contract law seem to come into conflict. In these ... by J Stein · 2009 · Cited by 6 — Q: If a lease contains no Transfer Restriction, must the tenant obtain the landlord's consent before assigning or subletting? A: Most jurisdictions favor free ... If any facts stated in the rental application prove to be untrue, the Landlord shall have the right to terminate the residency immediately and to collect from ...

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South Carolina Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent