Ask Experts Questions for FREE Help !
Ask
    girlfriend3's Avatar
    girlfriend3 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 1, 2013, 09:17 AM
    South Carolina commercial lease law
    We are in dispute with the owner of our building. We go to court in one week for eviction. We plan on being out this coming weekend, before court date. Is it possible for landlord to lock us out before then?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Apr 1, 2013, 10:49 AM
    Is it possible? Yes. Would it be legal and open the landlord up to ramifacations? Legal, no. Ramifactions, yes.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #3

    Apr 1, 2013, 01:47 PM
    Sorry, Judy, but that's not correct.

    In South Carolina there is no law that prevents a landlord from evicting a commercial tenant without going to court. In this case common law would apply and the common law in most states is that a landlord may evict a commercial tenant without going to court as long as the written lease does not prohibit it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #4

    Apr 1, 2013, 01:52 PM
    My apologies for a wrong answer. I relied on this: “Under no circumstances may South Carolina landlords use self-help to evict a tenant. The landlord may not lock out the tenant or shut off utilities as a way to force the tenant to pay rent or get out. If the landlord uses a self-help method, the tenant may be entitled under S.C. Code of Laws 27-40-630 to: |Rent deductions; and |Actual damages.” http://real-estate-law.freeadvice.co...-evictions.htm

    - and this https://www.askmehelpdesk.com/real-e...ns-443822.html
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #5

    Apr 1, 2013, 02:03 PM
    That's for a residential eviction. For commercial tenancies the only rules are those contained within the lease, for the most part.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Breaking a South Carolina lease [ 5 Answers ]

I have a home leased to an unmarried couple. One of the people walked out on the other. Not sure why but he left. Both were named on the lease and the one remaining tenant would like to have the one who walked out to be removed from the lease. Is this possible?

South Carolina Apartment Lease [ 5 Answers ]

My daughter and her friend (both 21) signed a lease for an apartment at a S.C. university. The friend decided she cannot afford the lease payment and is bailing. What recourse does my daughter have. Neither of them have moved into the apartment as of this point in time. My daughter has given a...

How to break a lease in South Carolina [ 3 Answers ]

Ok, here is my deal... I signed a 6 month lease with my roommate who works for my landlord. I was offered a job in another city and told my landlord over a month before I moved out that I had to move. She told me to find someone to take my place and everything would be fine. So I did. I found...

Breaking an Apartment Lease in South Carolina [ 2 Answers ]

I am currently in the middle of a divorce and have been living in my office for the past 5 months. I finally decided to rent an apartment on a 6-8 month bases but was hesitant because I expect a job offer from 1 of 4 job applications I submitted at other federal installations in the lowcountry (I...

View more questions Search