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-   -   Getting them out (https://www.askmehelpdesk.com/showthread.php?t=220889)

  • May 28, 2008, 06:38 PM
    Miajack22
    Getting them out
    Hi everyone,

    I own a home in SOuth Carolina, in which I just rented out through and rental company. I am now faced with the posibility of having to reoccupy my home, because of my move to the big city not working out. I reviewed my retal agreement and it states that either party can cancel the agreement, but it subject to the rights of the tenant. What are the rights of the tenant in this case. They have only been in there for about 3 months they pay (I can't say pn time) as far as I know they are keeping up the house, so if I give them a 60 day notice can they be out of my house?

    SIgned,


    I want to go Home
  • May 28, 2008, 06:50 PM
    Fr_Chuck
    Is the house on a month to month rental or is it on a yearly lease?
    As long as it is not a lease, yes just give them notice. ** not expect them to be unhappy but yes you can ask them to leave if not on a lease.
  • May 28, 2008, 07:16 PM
    Miajack22
    No. TO add insult to injury, they signed a 2 YEAR! Lease. My other concern would be if they do agree to move out, if any damages are done to the home who is liable. I certainly would allow them to find suitable housing prior to vacating the dwelling, but My current situation is almost forcing me to make this hard decision and return to my home
  • May 28, 2008, 07:26 PM
    Fr_Chuck
    I honestly doubt you can force them out, until the 2 year lease is over.
    In most cases, a lease does not allow you to get out, or them to get out, normally the notice to get out, is the notice at the end of the lease.
    So my guess without reading your lease is they have use of that house for 2 years and you can not force them out.

    You will need to have an attorney read over the lease to be sure, but that is why people do leases, if there is a way out, then it is basically not a lease.

    Normally to get someone out of a lease, you are going to have to buy the lease out and on a two year lease, if they people know their rights, it is not going to be cheap.

    So don't expect at this point to move back to "thier" home for two years anyway.
  • May 28, 2008, 07:32 PM
    Miajack22
    Yes, but there is a clause in my lease that does state that we can cancel if bothe parties agree, then I searched the statute for sc and the same shows if there is a joint agreement. The hard part is getting them to agree!!

    THanks!

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