Our landlord has been a problem since we moved in. He comes around all the time, he always wants to do inspections. We agreed to an inspection in August (we only moved in June 1st) Now he wants another inspection and we refused. We feel like he is harassing us on a pretty regular basis.It's a long story but the point is he showed up today with a 30 day notice to move out. We can't come up with the money to move out in 30 days. We have always paid our rent here in full and on time If we aren't out in 30 days what happens? And what happens with our deposit? We pay $750.00 a month rent. The deposit is 750.00 plus 150.00 pet deposit.

Do you have a lease or are you month to month?

If you are month to month he must give you notice in the same time frame within which you pay rent. For example, if your rent is due on the First of November he must give you notice BEFORE the first of October - that translates to one month. It's not a strict 30 day notice. It's a one month notice. If he served you today with notice to be out on November 1st he is not meeting the requirements of the law.

If you don't get out he can have you forceably evicted.

He rents to you at his discretion and can, in theory, evict you at any time with proper notice.

Your deposit will be returned to you by law minus the cost of any damages. Is the pet deposit a deposit or a fee? I've seen rentals both ways.

Here is the law - South Carolina Evictions

What reason has the landlord given for the eviction?

And, again, a LOT depends on whether you have a lease or not.

We do have a lease. We just paid our rent for October on October 1st. The pet deposit is a deposit not a pet fee. It is stated on our lease. His reasons for the 30 day notice are that a mini blind has a piece that is broken off on one end. We already bought the new one and because he has threatened to come in our home repeatedly I will not lock my dog in a cage when I am not home. There is no damage to the premises other than the mini blind and we keep the place clean and free from dog feces. etc.

Are the inspections listed in your lease? Every two months does sound a bit much.

If you have a lease, then he needs a lot more grounds than a broken mini slat to terminate the lease. If you fight it, you will probably win. But, on the other hand, do you really want a landlord who doesn't want you?

I would tell him that you understand this isn't going to work out, but you cannot afford to move until the lease is up. That you don't think he has sufficient grounds to get an eviction order. But you are willing to move as soon as you can find another place, if he pays your moving costs. If he agrees, get it in writing.

The lease says "The landlord shall have right of access to residence to show for real estate sale or rental and repair or maintenance during reasonable hours with 12 hour notice."(this is not legal notice as per state law) My problem with this is at what point does it interfere with MY RIGHT, by law to have Peaceful Enjoyment of the property that I rent? Every other month is excessive and not necessary.

State law is probably a guideline, not a requirement. Since you signed the lease, you agreed to the clause.

On the other hand, since your lease is in force he can't use rental as an excuse. And to use repair or maintenance, he has to provide specifics. He can't just want to inspect the property.

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Originally Posted by Bigstorm98

The lease says "The landlord shall have right of access to residence to show for real estate sale or rental and repair or maintenance during reasonable hours with 12 hour notice."(this is not legal notice as per state law) My problem with this is at what point does it interfere with MY RIGHT, by law to have Peaceful Enjoyment of the property that I rent? Every other month is excessive and not necessary.

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There you have it. As I understand what you said before, the LL wants to inspect (over and over again) for no particular reason. He isn't a drill sergeant and you are not a recruit. And he doesn't have the right to inspect for the purpose of seeing that your laundry is neatly folded, your shoes are shined, or your blinds are in good order. He may only have access for showing the place, or if "repair or maintenance" needs to be done.

Well no. I don't want to stay and keep dealing with this nonsense. I am trying to determine what action I should take, if any and what my time frame might be. I don't think we can come up with security and rent again before the 1st. It is just myself and my 24 year old daughter. I am also worried about our security here. If we just move out within the 30 days, do we lose our security because he terminated my lease? I feel like we didn't do anything to deserve this and it is unfair.

- then don't buckle under. Scottgem said it best. Tell the landlord exactly what Scott said. Without being confrontational I would ask him what it is that he is looking for - ? He doesn't SEEM to be entering for maintenance and/or repair and so you are wondering...

Something is making him uneasy OR he has a lot of time on his hands.

Either/or.

And, unfortunately, you agreed to the 12 hour notice.

Actually even though the lease says 12 hours, I complained months ago about that and he has since agreed to 24 hr notice. In writing, in emails. This guy is retired and has way too much time on his hands. I did confront him about it all and the way it made us feel which is what prompted the 30 day notice.

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Originally Posted by Bigstorm98

Actually even though the lease says 12 hours, I complained months ago about that and he has since agreed to 24 hr notice. In writing, in emails. This guy is retired and has way too much time on his hands. I did confront him about it all and the way it made us feel which is what prompted the 30 day notice.

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I'm not saying to confront him. I was saying to ASK him. I owned property, more than a few apartments. I neither had the time nor the energy to check up on my tenants UNLESS I thought there was a problem. I was often "clued in" by other tenants.

Based on what you have told us, if he goes for an eviction order and you tell this story in court, I doubt if he will be granted the order. You have paid your rent on time (I assume) and you have only asked that you not be continually bothered by unnecessary "inspections" that are not allowed in the lease.