• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

SC tenant law ... attn Zigner

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Proserpina

Senior Member
What is the name of your state (only U.S. law)? SC

(I know you know this already, Z)

That Very Pleasant Person deleted his thread, but I was about to ask him for the realtor-cum-attorney's name and Bar Association #. Somebody should perhaps report said attorney since South Carolina, like most other states, is quite clear on this one. You are protected by the relevant landlord-tenant laws with or without a written lease agreement between you and the landlord.

Entire statute here: http://www.scstatehouse.gov/code/t27c040.php

Less tedious version here: http://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-south-carolina.html

Have a fantabulous Friday :D
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? SC

(I know you know this already, Z)

That Very Pleasant Person deleted his thread, but I was about to ask him for the realtor-cum-attorney's name and Bar Association #. Somebody should perhaps report said attorney since South Carolina, like most other states, is quite clear on this one. You are protected by the relevant landlord-tenant laws with or without a written lease agreement between you and the landlord.

Entire statute here: http://www.scstatehouse.gov/code/t27c040.php

Less tedious version here: http://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-south-carolina.html

Have a fantabulous Friday :D
I missed out on giving him a last ...SMH...
 

elmxl

Junior Member
Hello... been a while. Just returned from SC and learned that the "tenant" who's named on the lease threw out the crazy girlfriend who was living in the house.

I have called around to various Law Firms and asked them the same / simple question. The answer remains the same.

By way of the actual lease (on paper) any individuals living in the house that are NOT named are technically NOT tenants.
The laws of SC protect them as if they were tenants (evictions, etc). provided they have been there for a certain amount of time (I believe it is as short as a couple of weeks), can prove residency with a cell phone bill etc.

So as far as I was concerned, by the lease agreement i had in hand, she wasn't my tenant but if she needed to be evicted by myself or the boyfriend, the law would preside.
 

Zigner

Senior Member, Non-Attorney
By way of the actual lease (on paper) any individuals living in the house that are NOT named are technically NOT tenants.
You are lying if you say that any actual landlord/tenant attorney told you this.

The laws of SC protect them as if they were tenants (evictions, etc). provided they have been there for a certain amount of time (I believe it is as short as a couple of weeks), can prove residency with a cell phone bill etc.
In other words, if they are protected as a tenant, then they are a tenant.

So as far as I was concerned, by the lease agreement i had in hand, she wasn't my tenant but if she needed to be evicted by myself or the boyfriend, the law would preside.
Yes, the law would preside over any protestations to the contrary you may have.
 

elmxl

Junior Member
You are lying if you say that any actual landlord/tenant attorney told you this.

In other words, if they are protected as a tenant, then they are a tenant.

Yes, the law would preside over any protestations to the contrary you may have.[/QUO

Please take the time and call a random real estate attorney in the state and ask them if they are a tenant by way of the "lease agreement".
Yes there are two sides to this and you seem to be missing my point!

She wasn't a tenant on paper but the law would have protected her because she hung her hat there so to speak. As a senior member, you must know that the law seems to protect a lot of people (don't get me started on some of "those" topics)....
 

Zigner

Senior Member, Non-Attorney
Please take the time and call a random real estate attorney in the state and ask them if they are a tenant by way of the "lease agreement".
Yes there are two sides to this and you seem to be missing my point!
No, there are NOT two sides. There is ONE side - namely, the FACT that the person is a tenant. I'm glad you now acknowledge that.
 

elmxl

Junior Member
No, there are NOT two sides. There is ONE side - namely, the FACT that the person is a tenant. I'm glad you now acknowledge that.
I acknowledged that there are two sides~

And Zigner you have me SMH ...... a Lawyer (which you are not) thatI called at random told me that on paper, they are NOT tenants since they are not named. They are only protected by law and referenced as tenants in the event something happens so by me referencing them as "other" you kept on challenging me. She acted on his behalf when he was not present in the home. But, it doesn't matter now... he tossed her out! And as a side note, if she were a tenant, she could have stood her ground and fought the system to stay, right????
 

Zigner

Senior Member, Non-Attorney
I acknowledged that there are two sides~

And Zigner you have me SMH ...... a Lawyer (which you are not) thatI called at random told me that on paper, they are NOT tenants since they are not named. They are only protected by law and referenced as tenants in the event something happens so by me referencing them as "other" you kept on challenging me. She acted on his behalf when he was not present in the home. But, it doesn't matter now... he tossed her out! And as a side note, if she were a tenant, she could have stood her ground and fought the system to stay, right????
The law makes no distinction between a tenant "on paper" vs a tenant "not on paper". A tenant is a tenant.

She definitely could have stood her ground and fought to stay. She chose not to. So? :confused:
 

elmxl

Junior Member
The law makes no distinction between a tenant "on paper" vs a tenant "not on paper". A tenant is a tenant.

She definitely could have stood her ground and fought to stay. She chose not to. So? :confused:
I get it and I understand that law would protect her (as the U.S. law protects many other people ?????? (could be an interesting thread between you and I) but as far as I am concerned (the LANDLORD), he is my tenant! He's on the lease! He pays the rent! She wasn't on the lease, she didn't pay the rent! But he tossed her out... and everyone is relieved!

Have a nice afternoon.
 

Gail in Georgia

Senior Member
" Just returned from SC and learned that the "tenant" who's named on the lease threw out the crazy girlfriend who was living in the house."

I did wonder how long the tenant could stomach that girlfriend.

Gail
 

elmxl

Junior Member
" Just returned from SC and learned that the "tenant" who's named on the lease threw out the crazy girlfriend who was living in the house."

I did wonder how long the tenant could stomach that girlfriend.

Gail
Funny thing is that the day the girlfriend pulled the "kitchen utensil" the "tenants" mom was also present and from what i gathered, she was on the girlfriends side but.. given how crazy the "ex girlfriend" is... the mom probably knew it was best to just go with the flow.

We met the mom... what a sweet lady she is. She said that she prayed and that God answered her.... and she was so relieved that the girl was gone. There is also a minor child living there.

So scary!
 

Proserpina

Senior Member
I acknowledged that there are two sides~

And Zigner you have me SMH ...... a Lawyer (which you are not) thatI called at random told me that on paper, they are NOT tenants since they are not named. They are only protected by law and referenced as tenants in the event something happens so by me referencing them as "other" you kept on challenging me. She acted on his behalf when he was not present in the home. But, it doesn't matter now... he tossed her out! And as a side note, if she were a tenant, she could have stood her ground and fought the system to stay, right????

You ought to find a new hobby. Being a landlord is clearly not your forte in life.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top