[kvc12162]

I rent by the week, and have always paid my rent on time and obeyed all the rules my landlord/roommate has. We got into an argument and I found out today the she wants to evict me. I don't have a lease, but I have lived here since November 2010. What are my rights, and how much time do I have to move?

[smoothy]

Edited by me: You are a week to week Tenant absent an unexpired written lease... all the landlord has to do is give you notice (in writing) to leave, equal to the rental period (a week in this case, a month in most other cases) verbal doesn't count. That week doesn't start until you are properly served.

[ballengerb1]

South Carolina laws states "(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice." The notice is normally the length of "lease" in this case a week. However she must actually follow the law and just wanting you out doesn't cut it.

[ScottGem]

Eviction is a legal process where a landlord gets a court to order the tenant to vacate. So the only reason for your landlord to file for an eviction you is if you refuse to vacate.

As ballenger noted, since you are a weekly tenant, she only has to give you 7 days notice. If you are not out by the deadline, THEN she starts the eviction process. So you have a week from when she gives you a proper written notice. You can try to negotiate with her for more time. Tell her you will move, but need some more time to find a new place. But if you don't want an eviction on your record, you have to vacate within the time she allows.