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I live in SC, my sister in law is giving me 30 days to leave…

I live in SC...

I live in SC, my sister in law is giving me 30 days to leave and is expecting rent before I go too. She is on the lease for the place and allowed me to stay through a verbal agreement that's I'd pay some rent. I'm putting a lot of money towards my new place, do I really have to pay her before leaving? I've been told to use squatters rights.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, she gave us a 30 day notice and a notice to remove our cats or pest control would be called. We removed our cats and are almost set to have our own place but it'll be after rent is supposed to be due.

Lawyer's Assistant: Have you talked to a SC lawyer about this?

I've been looking for one that won't cost us much to consult about the matter. Should I speak to her landlord?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister in law has also refused to let me do laundry, use her kitchen or have access to the internet since I don't pay for those specifically or own them. I also watched her kids and took them to school for free and cleaned her house.

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Answered in 3 minutes by:
3/20/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,225
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Customer reply replied 4 months ago
I understand. I'll wait.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, without a lease, you are a month to month tenant. As such, you or your sister may terminate the tenancy, under SC law, on 30 days notice. You would owe rent for the time you are in possession, including the notice period.

If you refuse to leave at the end of the notice period then the landlord must file for eviction and can also seek other damages for your failure to leave.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels or incurring liability.

You can try negotiating with your sister to have her withdraw the termination, but if you do, make sure it is in writing so that you can enforce it.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 4 months ago
I see. So there's no way I can avoid paying her even though I can't use anything in the house other than sleep in my room and use a bathroom? Even if I told her landlord she allowed people and animals to stay in the house that weren't a part of the lease?

No, if your sister can not accept rent and then refuse to allow you the use of the property.

Such refusal is a breach of the tenancy and you can sue her in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,225
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
I understand. This was very helpful, thank you.

You are very welcome. Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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