My landlords attorney (also his fiance) found out that I turned myself in for a bad check. She then started relentlessly calling and texting me at all hours of the day. In was late with the rent and she sent me a five day notice to pay. I got the money together TWO days later and was served a 10 day eviction notice and she won't accept payment. She then sent me over 100 text messages telling me that she was going to tell my kids I was a horrible person, that I was fat, lazy, stupid andpathetic. She told me to get my lying ass out now. I have nowhere to go and she didn't even give me the five days to pay! What do I do?
Family Law Attorney
I agree with my colleague. You are entitled to the full five days. In addition, her texts are harassment. You might consider an Order of Protection if she continues to send them.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
The S.C. Residential Landlord Tenant Act provides that rent is late after 5 days. If such notice is conspicuously stated in a written lease then no other written notice by the landlord is required prior to filing an eviction. If there is no such conspicuous notice in the lease, then a 14 day written notice to the tenant is required, giving an opportunity to correct the default or face eviction. Notably, only one such 14 day notice is required over the life of the lease term.
So, whether sufficient notice has been provided will generally depend upon the above factors. Schedule a consultation with a landlord tenant attorney immediately for specific advice based on your circumstances. Also, once served with eviction paperwork, one must be sure to respond properly and timely and request a hearing. Failure to do so will allow the landlord to get an automatic eviction. Where properly and timely requested, the hearing allows the tenant to present any defenses. Any evidence or witnesses supporting the defenses must also be presented at the hearing.
I wish you well with resolving your legal issue.
NO attorney-client relationship is created by this response. This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues as there is no direct contact with the questioner nor a review of any applicable documents. Responses are based on SC law or any applicable federal law as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person. The Brown Law Office, LLC is a private law firm owned and managed by Tina L. Brown, solo practitioner, and providing legal representation for consumer debtors under the United States Bankruptcy Code, some general consumer matters, defense of tenants in rental matters, with a particular emphasis upon income based housing, education law and social security disability appeals.
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