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after a landlord sells can they still charge rent?

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Angaria

Junior Member
I have a friend who was renting a room/living with a family on Hilton Head Island, SC. It honestly seems like she was on very friendly terms with the landlord. There was never any written agreement between them other than how much rent was per month. The land lord was moving to a new house and it was apparently assumed that she would follow along. However she found a new place to live and moved into it the same weekend the family was moving out. She gave them about a weeks notice of this.

Now the landlord is not willing to return half of the rent fee (for the rest of the month after the 15th, when everyone moved). They no longer live at/own the previous residence. The claim was that “30 days notice is just assumed” with reference to my friend leaving, so the landlord is refusing the

My take is that she’s was paying for the right to live in a specific building, not the right to live with the family. They ceased to provide that service on a certain date and so she shouldn’t have to pay for anything beyond that.

Ideas? Any relevant laws/regulations to cite would be useful.
 


HomeGuru

Senior Member
Angaria said:
I have a friend who was renting a room/living with a family on Hilton Head Island, SC. It honestly seems like she was on very friendly terms with the landlord. There was never any written agreement between them other than how much rent was per month. The land lord was moving to a new house and it was apparently assumed that she would follow along. However she found a new place to live and moved into it the same weekend the family was moving out. She gave them about a weeks notice of this.

Now the landlord is not willing to return half of the rent fee (for the rest of the month after the 15th, when everyone moved). They no longer live at/own the previous residence. The claim was that “30 days notice is just assumed” with reference to my friend leaving, so the landlord is refusing the

My take is that she’s was paying for the right to live in a specific building, not the right to live with the family. They ceased to provide that service on a certain date and so she shouldn’t have to pay for anything beyond that.

Ideas? Any relevant laws/regulations to cite would be useful.
**A: have your friend READ the SC L/T law. That's the most useful law.
 

Angaria

Junior Member
I just read the L/T SC laws.... the most relevant portions I saw were sections27-40-410, 27-40-620 & 27-40-660. As long as a "premises" is static (i.e. it doen't travel with the family) it seems she should get half a month's rent back.

If anyone knows of something more specific please let me know.

27-40-410
(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

SECTION 27-40-620. Failure to deliver possession.

(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 27-40-430, rent abates until possession is delivered and the tenant may:

(1) terminate the rental agreement upon at least five days' written notice to the landlord and upon termination the landlord shall return all prepaid rent and security; or

(2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained by him. Where the landlord is unable to deliver possession due to a previous tenant remaining in possession without the landlord's consent, after the expiration of the term of their rental agreement or its termination, the landlord is not liable for damages pursuant to this subsection, if the landlord made reasonable efforts to obtain possession of the premises.

(b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or twice the actual damages sustained, whichever is greater, and reasonable attorney's fees.

&


SECTION 27-40-660. Tenant's remedies for landlord's unlawful ouster or exclusion.

If a landlord unlawfully removes or excludes the tenant from the premises, or wilfully diminishes services to tenant by interrupting or causing interruption of essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated the landlord shall return security recoverable under Section 27-40-410.
 
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