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change in residency notice

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tenantguy47
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Posted: Fri Jul 4th, 2008 03:05 am

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I have a copy of the written request from the landlord with her name on it, regardless of "who" signed it. The written notice we gave was also dated. The proof we have of when it was received is a signed and dated response stating that we have to give 60 days notice and asking for that prorated amount. The response letter is dated also over 30 days from the expiration of the lease so that is proof enough I guess.

And then i'm not sure how to interpret the law but this page says 30 days for lease termination.

http://www.federalrealestate.net/laws/sc.html

And then according to this it also says 30 days

http://books.google.com/books?id=zezOSMn4MNgC&pg=PT442&lpg=PT442&dq=South+Carolina+Code+Ann+%C2%A7+27-40-770&source=web&ots=5DAqyTJkMg&sig=Va8gcPCNkggDMI90WV4l7CfCwCw&hl=en&sa=X&oi=book_result&resnum=2&ct=result

I guess my question now is, in both of those cases does that mean a 30 day minimum or can more notice than that be required now by the landlord. I am in the process of getting a copy of the lease, for now I'm just glad I have those two letters. I still have a month to work this out...

LandlordLaura
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Posted: Fri Jul 4th, 2008 01:07 am

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Exact written details will be important to your situation.

Does your Lease Agreement actually expire or does it allow for automatic renewal of some type after the expiration date? What, exactly, does it say re: the lease term, the start and end dates, required notifications and renewals?

Do you have a copy of the Landlord's written request for a 30 day notice in your file or just a written notice signed by an "assistant"? Is the "assistant" an authorized person per the Lease, for example? (Verbal conversations will generally not superceede a written Lease because there is no proof of the conversation or agreement...) Do you have proof of when the Landlord received your written notice to vacate?

What do the Landlord Tenant Laws for the State/County/City where the property is located say regarding Lease terms and renewals and/or move out notification requirements?

tenantguy47
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Posted: Thu Jul 3rd, 2008 03:40 am

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I have a letter from my landlord signed and dated requesting a 30 day notice if we will be changing residency. We submitted a 30 day written notice about 40 days before the last day of our lease. We received another letter that we would be prorated for the time about 3 weeks after the actual expiration of our lease. When asking the landlord why, they said our lease requires a 60 day written notice for change of residency.

Wouldn't the signed and dated letter asking for a 30 day notice (with all of our names, apt address, property address) supersede the actual lease at this point, being more recent by about 5 months?

We have also had verbal confirmation of a 30 day notice requirement that was acknowledged by the landlord that they said that. So far their excuses have been that they made a mistake, the "30" part was a typo, and that the signature on the letter was signed by an assistant and is not theirs.

Basically what I am asking is whether or not the requested prorated rent is valid since they have asked us verbally and in writing for a 30 day notice, but our lease apparently says 60 days. State is South Carolina.

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