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Landlord - Tenant

Koon v. Fares, 379 S.C. 150, 666 S.E.2d 230 (2008).
Opinion No. 26532, decided August 18, 2008.

A landlord and tenants entered into a residential lease agreement for a term of 12 months. The agreement provided that upon the expiration of the lease period, the tenants could continue to lease the property on a month-to-month basis provided that they give thirty days notice prior to moving. After the initial lease period had expired and the lease had become month-to-month, a dispute arose between the landlord and tenants. The landlord sent the tenants several communications requesting that they leave the property. After receiving no response, the landlord filed this ejectment action. The magistrate granted summary judgment to the landlord and ordered the eviction of the tenants. On appeal, the South Carolina Supreme Court affirmed, holding that though the agreement did not explicitly provide for it, the landlord had a statutory right to terminate the month-to-month tenancy upon thirty days written notice. Therefore, the court found that the tenants’ occupancy of the property after proper notice of termination of the tenancy was grounds for eviction.

Bowers v. Thomas, 373 S.C. 240, 644 S.E.2d 751 (Ct. App. 2007).
Opinion No. 4221, decided March 19, 2007.

A landlord filed suit to evict a tenant who had failed to pay rent within a grace period for three consecutive months. The tenant claimed that the landlord failed to give proper notice of his intention to evict the tenant, but the South Carolina Court of Appeals found that a letter notifying the tenant that any subsequent non-payment of rent would result in eviction was sufficient notice to terminate the lease after the late payment of the following month’s rent.

 



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