What are my legal options if I have a property that I was renting for about 4 years and the tenant called to inform me on the 29th that he was moving out on the 30th?

We had a wriiten lease but once the lease expired we did not renew and than the rental property became a month-to-month lease because the tenant said he wanted to purchase the home. There was no notice given.

Asked on August 31, 2015 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When a lease expires, the rental becomes a month-to-month tenancy under an oral lease. As the term implies, a month-to-month tenancy requires a month's notice to terminate it therefore, if the tenant gave you less than a month's notice, he/she owes you for a month's rent--i.e. he/she owes you for the notice period. You can take that rent out of the security deposit, if you have one and if it is not otherwise being used to cover or pay for damage the tenant did to the rental or you may sue the tenant, such as in small claims court, for the month's rent.

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