I live in South Carolina with my girlfriend and our 2 kids. We have lived in this house for about 8 months with out a lease. The utilities are in someone's else s name. That person rented out the house to us with out asking owner but he was aware all these months. Now he wants to evict next week. Can he?

No you have to be given 30 days notice of termination of lease,

Agreed, he will have to give you a 30 day notice to move

30 days eviction. Also if he does that, as soon as your out go to his leaser and tell them so he gets kicked out as well for breaking lease. There is no way out of it.

I'm reading that the landlord must file in Small Claims Court/Magistrate Court and can do so immediately. Court orders eviction. I am assuming that the process takes more than a week (although I cannot find a stated time frame). After the hearing the tenant has 10 days to move or appeal.

It doesn't appear to be the standard "give written notice, proceed to Court" that I'm familiar with. I find no requirement for a 30 day notice

"If a landlord wants to evict a tenant who will not leave voluntarily, then he must file a Magistrate’s Summons and Complaint in Summary Ejectment in Small Claims (Magistrate’s) Court. The tenant must be served with the Summons and Complaint by the Sheriff’s Office, either personally or by posting. The Summons will state the date, time, and place for the court hearing. Small Claims Court hearings are informal, but both parties may have an attorney, present evidence, and subpoena witnesses." North Carolina Eviction Laws: Tenant and Landlord Rights - Associated Content from Yahoo! - associatedcontent.com

SECTION 27-35-120. Termination of month to month tenancy.

A tenancy from month to month may be ended by either party giving to the other written notice of thirty days to the effect that such tenancy shall be then terminated.

Under South Carolina law, 27-35-120 and 130 state "Month-to-month tenancy can be terminated by written notice of 30 days." However, it also provides for: "Tenancies at will can be terminated by 20 days' written notice."

Since the tenant has no valid lease agreement, It appears to be a 20 day notice in this case.

Quote:

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Originally Posted by adthern

Under South Carolina law, 27-35-120 and 130 state "Month-to-month tenancy can be terminated by written notice of 30 days." However, it also provides for: "Tenancies at will can be terminated by 20 days' written notice."

Since the tenant has no valid lease agreement, It appears to be a 20 day notice in this case.

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We don't know if the OP NEVER had a lease or just that the lease went to month to month.

I was wrong. My apologies. I posted NORTH Carolina law. The OP asks about SOUTH Carolina.

- But I still missed it.

Scott, the op stated this was "leased out" without the owners permission, which sounds like either its an invalid lease/sublease. Its possible the person was an agent of the owner, in which case the lease likely is valid. That was what I was basing my opinion on, though it could be the other way around. Either way, its 30 days if valid and 20 days if null.

But not a week!

Absolutely Scott, not a week.