Deceased tenant, month to month, initial contract (not a lease) expired

[OHRoadwarrior]

Wow, you are really salivating for that money, aren't you. The best advice I can give you is don't spend it too fast because you will soon be in court getting a judgment against it.

 

[FarmerJ]

Rey that logic doesnt wash > And it's common knowledge that oral agreements are generally unenforceable, even if they originated from an expired written contract, especially if it has expired for at least one year. . < how does one prove in a court that a oral agreement is valid , If you rent a apt from ME with no written lease but do pay a deposit to me and the monthly rent state law will define the minimal rental period between us for the purpose of notices to change something like LL telling u to get out or LL increasing your rent and the provable points of the oral agreement are based on these things> tenant has paid rent in the past , knew when to pay it , and to whom. then tenant cannot argue there is no agreement of any kind history does it. SO with a tenant who has a written lease every thing else but the length of it is still binding , if the original lease said NO pets that doesnt just magically vanish when the lease expires unless tenant ask in writting for consent to get a pet and LL grants it, if theres late fees due when rents are not paid , the ability to collect late fees doesnt just go away , when a lease has expired and many months later LL only wishes to raise rent proper written notice is all thats needed is that LL must give proper notice to raise it , if tenant doesnt like it tenant is free to give proper notice to move out. if the tenants expired now but written lease does not say how much notice is to be given to move out then state laws defined notice is what rules.

 

[justalayman]

Because South Carolina law clearly distiguishes contracts and other laws concerning real estate separate from the Landlord and Tenant laws (Title 27, Chapter 35, 37, 39, and 40). And it's common knowledge that oral agreements are generally unenforceable, even if they originated from an expired written contract, especially if it has expired for at least one year beforehand.

The contract-- I'm not referring to general real estate vs. other contracts, I'm referring the Landlord/Tenant act; landlord and tenant issues are discussed in a separate chapter and title because that law, Chapter 40, deals specifically with landlord/tenant issues. Chapter 40 of the South Carolina Code of Laws regulates what can and can't be put on the contract; that's why it's a separate issue.

Hmm, where to begin:


I'll start with: plain and simple, you are wrong.



I guess that pretty much says it all.

but I am not a man of few words so I'll add:

Chapter 40, deals specifically with landlord/tenant issues. Chapter 40 of the South Carolina Code of Laws regulates what can and can't be put on the contract; that's why it's a separate issue.

what is that you said? The agreement is a CONTRACT? Gee, I guess means contract laws applies. Of course there are myriad statutes that flavor the contract in may different sections of the entire group of laws. Those laws do control a contract that is spoken to in that section. That doesn't mean it is magically not a contract. Nor does it mean that other contract laws don't apply.

So, show me a law, either in the landlord tenant section or any section, that says the lease terminates at the tenants death and you win. If you can't, you lose.

And it's common knowledge that oral agreements are generally unenforceable, even if they originated from an expired written contract,

really? I suggest you read the statutes of frauds to determine what limited contracts must be in writing. Outside of that list, a verbal contract is just as enforceable as a written contract.


again, I think it's time to just walk away. The poo you spew is getting deeper and you apparently don't know how to swim.