30 Day Eviction, Can I Do It?

[Goldhue]

South Carolina. Im trying to get a 30 day notice where I live for an eviction. Ive been staying here without my name on the lease since October and it was said verbally I had until August. Now my landlord says I have less than 7 days to move out. My rent payment was the work Id do for his company under the table as well as house work. Its been said I dont owe anything. There is no written document with my signature anywhere stating anything about rent. I have mail Ive recieved in my name at my current living address. IOP SC. What can I do and what are my options? I need time to get money for a place.

 

[justalayman]

The fact is, the landlord can issue any notice he desires, even if it isn’t proper. If he continues based on the notice issued, you either defend yourself in court or lose by default.

Do you want to tell the judge you have been paid under the table which is typically to evade paying taxes on income?

So, if you’re willing to call his bluff and defend yourself if he does haul you into court, you’ll likely end up with a 30 day notice as a result.

 

[adjusterjack]

That's what you get with that kind of cockamamie arrangement.

If you were a real tenant, paying monthly rent, the statute requires 30 days notice:

https://law.justia.com/codes/south-carolina/2017/title-27/chapter-35/section-27-35-120/
Given how you describe the arrangement you are either a tenant at will or a domestic servant. For either of those the statute requires 20 days notice:

https://law.justia.com/codes/south-carolina/2017/title-27/chapter-35/section-27-35-130/
Beyond that, I agree with Justalayman. If you want to mess with this until it gets to court, that's up to you. Just understand that a court eviction goes on your record and will make some difficulties for you when next you rent.

 

[Goldhue]

Thank you everyone with your help. To be honest, I want to avoid court fees, so I have some decisions to make.