my apartment complex asked me to vacate ... i have had noise complaints in past about ten , not on regular basis but at random i've been living here a year and some months but i never received a notice of evicition nor did i write a notice to vacate... they said i need to be gone by end of the month , my lease isn't up until march of 2017 what should i do ?
There is no other way to do this except an eviction. CALL LOCAL BAR: I would not wait with this. I would call a local bar association for a referral to an attorney. In general the Bar Associations are your best bet for a referral. They know local lawyers and also want to help the public. Best of luck to you.
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The South Carolina Landlord Tenant Act is fairly pro tenant. The terms of your lease will control. You should seek local counsel immediately. The SC Bar has a referral service. Call the SC Bar for a referral to competent counsel in Greenville.
Pursuant to the SC Residential Landlord Tenant Act, if the landlord believes that a tenant has violated the lease, the landlord must provide written notice and an opportunity to correct, absent some extraordinary circumstances where there is a threat to health and safety. If the landlord fails to provide such notice, then he or she generally does not properly lay the legal foundation for an eviction, which a tenant may assert as a defense.
In the event that an eviction is filed, SC allows for 10 days to respond and request a hearing. Such gives the tenant an opportunity to assert any defenses that he or she believes are appropriate. Failure to timely respond and/or request a hearing will allow the landlord to receive an eviction, or issuance of a Writ of Ejectment, by default.
Still, it is best to avoid the filing of an eviction as this filing becomes a public record and can sometimes impede future rental applications. For that purpose, I strongly advise that you immediately consult personally with an attorney who can review your applicable paperwork and all facts pertinent to your legal matter. The general information provided in this forum must not be substituted for personal legal advice.
Notably, if the rental is federally subsidized, meaning income based, then there are even greater due process protections available. I wish you the best moving forward.
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 or other information beyond what has generally been provided in the question set forth on the Avvo site. 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.
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