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?
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.