What to do if a tenant moved out before the end of their lease and proper notice was not given?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a tenant moved out before the end of their lease and proper notice was not given?

Tenant has refused to pay for this month’s rent. States she gave notice to vacate and no longer lives at property. Upon inspection property is still furnished. Tenant has refused to return phone calls. Water company states the water has been turned off. A 45 day written notice required to vacate before leaving; lease doesn’t expire for another 5 months.

Asked on June 18, 2011 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lease is a contract; it binds both parties, and if one party breaches or violates it, the other party may sue. In this case, if 45-day written notice is required to vacate, then once written notice is received--if it is received--then the 45-day countdown clock starts running; until 45-days after written notice is received have passed, the tenant must pay rent, up to a maximum of the remaining term of the lease. If this tenant never provided written notice, she is therefore still liable for rent. You may sue her for the money she'll owe you under the lease, and/or apply her security deposit vs. any rent which has come due and not been paid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption