Landlord won't accept rent payment?

Asked over 1 year ago - Myrtle Beach, SC

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?

Attorney answers (3)

  1. Tina Louise Brown

    Contributor Level 11


    Lawyers agree

    Answered . 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... more
  2. Cheryl Rivera Smith

    Contributor Level 20


    Lawyers agree

    Answered . Get yourself a landlord / tenant attorney. It sounds like she is not following the law. If you don't have the money, there may be a legal clinic near you.

  3. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . 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-... more

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