Tenant is not paying the rent on time.

[gabster54]

SC.
I recently had a tenant email me, after having moved in the middle of June, to let me know that he couldn't pay the september rent till the 15th of the month. For the month of July and August, no problems whatsoever. The only excuse he gave me was that he went to night shift and just got "busy" and was sorry for the inconvenience. Well, I am of course worried that this is just the beginning of a habit, so i have told him that he must pay half by the 10th and the rest by the 15th and that i would never allow this grace period again. No response whatsoever. So with today being the 10th, i have let him know that i will be over to the house tomorrow to inspect the house as i am worried about the condition. I guess i am wondering if that is ok for me to do that (legally) as i am only doing this because of him not paying the rent? after i inspect, i will go file eviction papers. thanks for any advice. gabster

 

[Zigner]

Why bother inspecting if you're going to file for eviction in 6 days (you already agreed to the 15th)?

 

[adjusterjack]

i have told him

Sorry, "I have told him" doesn't cut it.

South Carolina statute 27-40-710 (b) requires 5 days WRITTEN notice for non-payment of rent.

https://law.justia.com/codes/south-carolina/2016/title-27/chapter-40/section-27-40-710/

Should have kept your mouth shut and just served him the written notice as soon as the rent was delinquent.

Give a tenant an inch and he'll take your foot.

 

[gabster54]

Why bother inspecting if you're going to file for eviction in 6 days (you already agreed to the 15th)?

i just want to know if what i am doing is legal if i want to do it earlier.

 

[gabster54]

Sorry, "I have told him" doesn't cut it.

South Carolina statute 27-40-710 (b) requires 5 days WRITTEN notice for non-payment of rent.

https://law.justia.com/codes/south-carolina/2016/title-27/chapter-40/section-27-40-710/

Should have kept your mouth shut and just served him the written notice as soon as the rent was delinquent.

Give a tenant an inch and he'll take your foot.

thanks for the advice, but the written notice was already given in the lease contract. i know it causes me more trouble, but i believe in giving people a chance to "right" themselves at least once. i simply want to know if i am doing anything wrong by telling him i will be coming in to give an inspection. i gave him 24 hrs notice so i feel that it would be ok.

 

[Just Blue]

i just want to know if what i am doing is legal if i want to do it earlier.

You're a LL...Learn the LL/Tenant law of your state.

 

[PayrollHRGuy]

thanks for the advice, but the written notice was already given in the lease contract.

No it isn't.

 

[Zigner]

AGAIN, what is the purpose of the inspection other than to harass?

 

[Zigner]

No it isn't.

Psstt - Excerpted from the link you provided:

Section 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant's personal property.

The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision:

"IF YOU DO NOT PAY YOUR RENT ON TIME

This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit."

The presence of this provision in the rental agreement fully satisfies the "written notice" requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired.

 

[PayrollHRGuy]

I stand corrected. But I didn't provide the link. I did misread though.

 

[Zigner]

I stand corrected. But I didn't provide the link. I did misread though.

You're right - adjusterjack provided it - my apolgies.

 

[gabster54]

Thank you everyone for your advice.

 

[HRZ]

I get it..but some tenant friendly judge might find some excuse to not agree with that harsh language by finding you in violation of some obscure point.

Now I get it that you are street smart enough to want to stay on top of rents ....and hope you allow a minor glitch to be cured ...while avoiding being taken as a fool.....some LLs make a tidy " extra" on late fees from tenants who are consistently a bit late ....

I'd have a better story than being there just to check on tenant ....even if it's 98% fake .

Often going to night shift gets one a bit more pay ...and some folks do get off schedule and forget ..

I was a LL for many years ..hard to read tea leaves perfect every time as to a mere whoops vs a tenant who is sinking and going to,skip/ stiff you ...that where a late fee helps ....