2 Week notice to move. : ezLandlordForms

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Kenya A

started a topic over 12 years ago

Hello, I am a landlord in SC. I sent my tenant a notification/reminder within adequate time to let her know that her lease was going to be ending on April 30, 2012. In the letter it asked her if she was or was not going to renew her lease. We spoke verbablly the days that she recieved the letter out of her mailbox and confirmed that she was not going to be moving. I informed her that she needed to return the letter to me so that I could have this in writing that she was or wasn't. I never received the form from her however she still had an obligation of notifying me with at least a 30 day notice. After speaking to her verbally today, after I initiated the phone call to confirm her new phone number she then informs me that she is going to move out. We are now down to a 15 day verbal notice. So I have moved forward by placing the home on the rental market shortly after speaking to her today to spike some potential interest in the home to prevent the home from sitting to long. Since I have posted the home on 3 websites I have received at least 10 calls from 3 p.m. today until 8:30 tonight. My question is, since she did not provide me with a 45 day notice as it states in her lease does the tenant forfeit her deposit? Since this actually places me in a financial bind and places me in a situation of being unprepared for her last minute decision.

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Jessica B

said over 12 years ago

Good Morning Kenya, If the deposit you are referring to is from her initial rental period, I do not think that is legal. This is the info that I know of of for SC: South Carolina Assist: Money held by the landlord as security must be returned within 30 days after termination of the tenancy and demand by the tenant, whichever is later, Amounts withheld by the landlord for accrued rent and damages must be itemized by the landlord in a written notice to the tenant, together with the amount due. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to the security deposit if the landlord can prove they had no notice of the tenant's whereabouts and mailed the written notice and amount due, if any, to the tenant's last known address. IMPORTANT: If the landlord fails to return any prepaid rent or security/rental deposit that is due to the tenant, the tenant may recover money in an amount equal to 3 times the amount wrongfully withheld and reasonable attorney's fees.

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Bob R

said over 12 years ago

Consider the following: The 1st thing you need to do immediately is obtain a signed statement that she is moving out, even if this means visiting her to get her signature. Make sure to have a move out date. It can state any date, such as the verbal date she stated. This should be done within the next 24 hrs, if time is of essence as you have indicated. If you don’t get this notice, she probably could stay there until you receive the 45 day notice that she’s moving. Verbal communication in the rental business doesn’t work, as you have found out. They should be looked at as a “Heads –Up” always to be confirmed with a written notification. If the above doesn’t work and her lease has expired, send her a certified/return receipt Notice that you will not be renewing her lease and that she must vacate the property be a specific date (per state/local laws). If she has note paid her rent and it’s beyond the grace period (if any) immediately send a Pay or Quit Notice. I would use a paralegal agency to do this since the rules are different for each State. The cost should be less than $50. No, tenant does not forfeit her sec.dpst based on not sending a Notice. However, it can be used for any unpaid rent, damages, unpaid utilities, etc. after tenant vacates the premises.

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Richard V

said over 12 years ago

Heres how I do it in NY. I have a tenent I'm fed up with, lease expires August 1st 2012. Original lease states auto renewal unless canceled in writing 30 days before. She shall get 4 notices from me! Nail & post method, parcel post, certified mail and hand delivered by the Sheriffs 60 days before expire date. You need to understand there are a good majority of individuals that have no sense of self responsibilty whatsoever to anything or anyone. The first three notices above MEAN NOTHING to some people they simply ignore them But... if it is delivered by a legal athority IKA Sherifs dept they wont' have a song in court! Second eviction in +25 years, only let my guard down on this one... Never again.