Originally Posted by
maddy6
...
I recommend to send it certified mail. Also in our state you are required to post it on the door, or in your case, you could post it on the inside of his bedroom door.
...
I don't know if that works in your state, but it doesn't appear to be sufficient in South Carolina:
"EJECTMENT OF TENANTS
SECTION 27-37-10. Grounds for ejectment of tenant.
(A) The tenant may be ejected upon application of the landlord or his agent when (1) the tenant fails or refuses to pay the rent when due or when demanded, (2) the term of tenancy or occupancy has ended, or (3) the terms or conditions of the lease have been violated.
(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B).
SECTION 27-37-20. Ejectment proceedings.
Any tenant may be ejected in the following manner, to wit: Upon application by the landlord or his agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten days after service of a copy of such rule upon the tenant.
SECTION 27-37-30. Service of rule; posting and mailing requirements.
(A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.
(B)
When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for nonresidential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule
may be served by leaving it affixed to the most conspicuous part of the premises.
..."
CHAPTER 37 - EJECTMENT OF TENANTS - South Carolina Statutes
Granted, the quoted statute pertains to service of process after a landlord has gone to court, but it's probably similar.
It is best to simply hand deliver a notice to quit to the "tenant". That way there can be no question that he received it.
Here is the pertinent language in the case of a month to month "tenancy at will":
"SECTION 27-40-770. Periodic tenancy; holdover remedies.
(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.
(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.
(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. If the tenant's holdover is a wilful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three months periodic rent or twice the actual damages sustained by him, whichever is greater and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section 27-40-310(d) applies.
..."
Unlike others on this forum, however, I am not of the opinion that an unwanted guest must be brought to court to get him evicted. In South Carolina, particularly, the definition of the term "tenant" does
not include such a person:
"SECTION 27-40-210. General definitions.
Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles or parts of this chapter, and unless the context otherwise requires, in this chapter:
...
(15) "tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
..."