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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6391
Experience:  20 years professional experience
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I have been on a month to month for over a year.Recently I

Customer Question

I have been on a month to month for over a year.Recently I have had the landlord request a $150 rent increase. I have requested rental verification which was good.(for wait list rental) Now she wants 6mo lease. Which puts me in a move in the winter or over $2800 to pay if we move before. So far all is verbal.
We originally were under the impression we may have opportunity to buy so we put time money labor into home $2000. APPROXIMATELY. Now wants to keep in family. Not sure of rights
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

Under these conditions the LL has a right to ask for $150.00 month rent increase and you have the right to put in a 30 days notice to vacate. The same holds true for the 6 month lease requirement.

If there was not option to buy contract in place which the LL has somehow breached and you put money and labor into the home on your own volition, then you will have to rely on equity to get justice here as opposed to any arguments based in the law. So, you may be able to get the LL to have to repay you for all or some portion of the $2,000 based on the concept of unjust enrichment.

Restitution is a remedy designed to prevent unjust enrichment." Sauner v. Pub. Serv. Auth. of S.C., 354 S.C. 397, 409, 581 S.E.2d 161, 167 (2003); see also Ellis v. Smith Grading & Paving, Inc., 294 S.C. 470, 473, 366 S.E.2d 12, 14 (Ct. App. 1988) ("Unjust enrichment is an equitable doctrine, akin to restitution, which permits the recovery of that amount the defendant has been unjustly enriched at the expense of the plaintiff."). "The terms 'restitution' and 'unjust enrichment' are modern designations for the older doctrine of quasi-contracts." Ellis, 294 S.C. at 473, 366 S.E.2d at 14.

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