What is the law for evicting a tenant at a boarding house?

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What is the law for evicting a tenant at a boarding house?

We were told it is different from a house or apartment.The tenant is 6 weeks behind on a weekly oral agreement and said there is nothing we can do about it. We went to move his things out and he called the police. We were told we have to continue to provide necessities but even though we have heat in the house set on 70 degrees they are using the stove for heat. We want to take it out and put in a hot plate with 2 burners on it to cook.

Asked on January 21, 2012 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the tenant that you have in the boarding house is six weeks behind in rent, the law is no different that if the tenant has his or her own rental for eviction purposes. If you want to end the lease, you can either serve him or her with a 3 day notice to pay or quit or a 30 day notice of termination.

With the 30 day notice of termination you are putting the gauntlet down and ending the lease. With the 3 day notice to pay or quit, you are giving the tenant an opportunity to cure the back rent in the 3 day period and remain.

If the tenant fails to pay the rent in the 3 day period, your option is to file an unlawful detainer action against him or her (eviction proceeding) in the local county court house. The same holds true if he or she does not vacate within the 30 days of receiving the notice of termination of the lease.

I would wait until the tenant moves out before moving out the stove.


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