S.C. Tenant Rights-No Lease

[robbyc46]

What is the name of your state? South Carolina
I have been renting a room in South Carolina for almost 18 months. I dont have a lease. I have a slightly unorthodox mode of payment, when I moved in the owner said 125.00 a week or 450.00 a month. I paid about 2 months and told him I couldn't afford monthly but paying weekly would result in extra rent since there are 4 months with 5 weeks. He agreed to let me pay 250 TWICE A MONTH which is 50 extra for him. I paid that way for over a year. Then his daughter took over. Since day one she has been telling me I need to pay sooner in the month but I keep telling her I pay when I get paid except the months that have an extra check in them and that I have no intention to pay an extra 250 as that would make me pay 750 AND also that he was fine with things why cant she be. I have ALWAYS paid BOTH payments before the month was over and I actually pay 50 extra month so I can pay like this. Since last months payment was later than the month before she says I am behind to which I replied I PAY TWICE A MONTH. She said if I didn't like it I could leave and I could consider that my 30 day notice. Since I have done nothing wrong other than make her collect twice a month which her Father was more than happy to get, I wont voluntarily leave. What are my options? If I make them make me leave how long before they can evict me?

Thanks,

Rob

 

[adjusterjack]

She said if I didn't like it I could leave and I could consider that my 30 day notice.

Well, that's not going to fly.

SC Code § 27-35-120 (2018)
A tenancy from month to month may be ended by either party giving to the other written notice of thirty days to the effect that such tenancy shall be then terminated. No such tenancy shall ripen into a tenancy from year to year.

https://law.justia.com/codes/south-carolina/2018/title-27/chapter-35/section-27-35-120/
She would also have to give you 30 days written notice of any rent payment changes. Your performance and the father's acceptance of the rent twice a month is evidence of an enforceable oral contract.

Until she gives you written notice one way or the other, keep paying your $250 twice a month by check or money order (I hope you haven't been paying cash) so you have documentation of payment.

If I make them make me leave how long before they can evict me?

If she ever gets the notice right she can file for eviction through the courts immediately after the 30 days are up. You don't want a court eviction on your record. Makes it difficult to get decent rentals.

You have to understand that paying rent a couple of times a month on payday is the exception not the rule. If you lose this place it's unlikely that you will find a similar agreement anywhere else except maybe the cheap motels downtown that charge by the week.

I suggest you figure out how to pay your rent once a month on the first. Otherwise she'll eventually get it right and out you go.