What are my rights as a landlordif I live in the house from which I also rent out a room?

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What are my rights as a landlordif I live in the house from which I also rent out a room?

I own my own house and have a roommate who is being destructive to the property. Does SC differentiate a tenant from a boarder? If so, can I evict him sooner than if it were a more traditional landlord/tenant situation? I have asked him to move out by 02/01/11. However, I am worried that he is going to retaliate and further damage my property and perhaps even harm me. He did not sign a lease, so if I’m interpreting the code correctly, it defaults to a month-to-month arrangement.

Asked on December 22, 2010 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) A tenant is a border and vice versa, for eviction purposes.

2) You are correct; without written lease (i.e. with only an oral or verbal lease) this is a month to month arrangement. You may give your roommate a month's notice that the tenancy is over; if he does not move out at that point, you may bring eviction proceedings. (Do NOT simply lock him out; you have to go through the courts.)

3) If he damages anything, you may apply any security deposit to it and/or sue him for the cost or replacement or repair.

4) If he has already damaged your property willfully, you should be able to begin the eviction process immediately. Tenants may not intentionally destroy the landlord's property.

Note: you can get forms and instructions from your court.

5) If you fear for your own safety, you may wish to speak with your police dept., appraise them of the situation, and ask their advice.

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.

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