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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38257
Experience:  17 years real estate, Realtor. Landlord 26 years
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Parents are living in South Carolina. The home owners

Customer Question

Parents are living in South Carolina. The home owners daughter for the house they have been renting for 41 years, showed up with a durable power of attorney to raise rent $200 month, sell the house or kick my parents out saying she thought it was in best interest of her mother. The power of attorney was notarized by her friend that is a notary, but it was never signed by a witness. Is it a legal power of attorney? The daughter of the owner refuses to allow anyone to speak with the owner. Also, my father, 72 years old, had his kidney removed today and is in the hospital, my mother, 76 years old is on chemo, had cataract surgery last month and the other scheduled for the 20th. They are suppose to see the magistrate on Thursday morning about being kicked out of their home. 30 days if they paid their rent, 10 days if they have not, according to S.C. policy. The owners daughter has held July's rent check and not cashed it so my parents won't have the cancelled check to prove payment in court. Is there a chance that they can have the hearing with the magistrate postponed at least one week, since moms health is so bad at the moment and dad had his kidney surgery today and can't be there Thursday? Us children live about 1200 miles away and can't leave to try to help out until the end of the week. If there is a way to get at least a week postponement, please let me know how. Thank you, ***** ***** email:***@******.***
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
The owners daughter wanted my parents, if they wanted to buy the house, to give her cash or a cashiers check and close on the house with her personally with in 10 days or would have a $200 dollar a month increase in rent or be kicked out. My parents have been leary of the deal from the start since her aunt told them she has been on drugs for most of her life and since she has changed the price of the house (declining from 42,00 to about 35000 to 28000 to 25000 to 20000 dollar over the course of a couple of months, and wants payment in cash, not to the owner, but to her.
Customer: replied 2 years ago.
$42000.00 I meant
Expert:  Barrister replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are parents under a written fixed term lease or are they month to month?

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How much notice did the daughter give them before trying to increase the rent or terminate the lease?

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Did the daughter file an eviction action in court to evict them?

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thanks

Barrister

Customer: replied 2 years ago.
Hi Barrister, My parents had a lease with Mr. Harper many years ago and when the lease ended about 10 years after they rented the house, they had a standing agreement that dad would do all the labor portion of all the things that went wrong with the house and Mr. Harper would supply the supplies if it was something he could afford to have fixed, in exchange, the rent would not increase. When he died, my parents had the same agreement with his brother. The brother died a few months ago and the sister inherited all the properties. My parents continued to pay their rent as usual until the daughter of the owner showed up with her boyfriend demanding changes and gave them a copy of the power of attorney they printed off the internet that hasn't been witnessed yet. The boyfriend is calling all the shots and gets very angry if the daughter of the owner tries to change anything he has demanded. She even showed up with him all beat up so my parents are questioning the health and welfare of her mother. They do not currently have a lease. They were sent an extremely restrictive lease that the boyfriend created and printed off line and had not signed the lease yet. There has been many offers to my parents to buy the house since March or April, with the price changing each time, but I believe they got something in June mentioning the buying of the house for 20,000 with a closing date of 10 days at the most, in cash or leasing it for $200 more a month, but nothing was signed by July 1st. My parents paid the rent that they have paid for 41 years and the daughter just hasn't cashed the check, the (boyfriend) is trying to get them kicked out under S.C. policy of 10 days for not paying rent. The daughter told my mom (in a rare instance that she was allowed to speak to her without the boyfriend being present) that she would give my parents time for my dad to recuperate after surgery before making them leave, but her boyfriend got irate and angry with her for telling them that and he called and threated my dad of having my dad physically thrown him out the door of the house if they did leave. They refuse to cash July's rent payment and now my parents don't have bank records to prove they paid it. My parents have been renting property for over 50 years and have NEVER been late on a payment or missed a payment. I am not sure if they ever got anything that specified what date they would be required to increase the rent , or if the people just assumed it would happen because they mentioned it. In S.C., there does not have to be a reason to ask someone to leave the property, only a decision of 10 days to leave if rent is not paid or 30 days if it has. The only thing that was asked of the magistrate was to rule on making them leave in 10 days, so my parents have to see him Thursday if my dad is even out of the hospital. There is also the question if there is a chance of getting a postponement for possibly a week so he can get out of the hospital to appear in court.
Don't know how much I answered your questions, I am very frustrated with me not being there to help them. I also may not have the exact answers until my dad is able to speak to me, since his surgery was today. Thanks
Customer: replied 2 years ago.
not if they did leave, but if they didn't leave.
Expert:  Barrister replied 2 years ago.

Ok, if they have paid the rent and the daughter just hasn't cashed the check, then they need to get the check number of the rent check and get something from the bank showing that it hasn't been cashed yet. This will give them circumstantial evidence that they paid the rent and the daughter is just holding the check. Enough I would opine to convince the judge that they did in fact pay the rent.

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But if the daughter was trying to evict based on nonpayment of rent, then she would have to first give parents a 5 day notice to pay or vacate, and then file a formal eviction action, called an action for ejectment, in court if the rent allegedly wasn't paid. See S.C. Code Ann. §§ 27-40-710(B) and 27-37-10(B). I am not quite sure where the 10 day time frame is coming from..

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""(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision:""

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So if daughter never gave parents a 5 day written notice, and she is currently a month to month tenant, then they have violated parent's procedural due process rights if they have filed an eviction case without doing so. They can also defend the case based on this in addition to the circumstantial evidence of the uncashed check.

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The problem here is that in order to get a continuance, at least one of them is going to have to appear in court and request it or file a motion before the court date requesting it and setting out the reasons in the motion.

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If they aren't familiar with filing their own motions requesting a continuance, then to be honest, they would need to contact a local attorney or the local Legal Aid office immediately so they could get help with getting a motion for a continuance based on medical necessity filed.

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I think a judge would grant it, and I think that they would win the attempted eviction case, but they have to get a formal request filed or one of them will have to actually show up on the court date, or have a lawyer do so, to personally request a continuance.

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thanks

Barrister