A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.
A South Carolina Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent is a legal document filed by a landlord to seek eviction and recover possession of their rental property due to unpaid rent from a tenant who is on a month-to-month or verbal lease agreement. This complaint or petition is based on South Carolina's landlord-tenant laws and should follow the specific guidelines set forth by the state's courts. In the state of South Carolina, there are different types of complaints or petitions to recover possession of premises from a tenant at will after a statutory notice to quit has been issued for past due rent. These types can include: 1. Unlawful Detained Complaint: This type of complaint is filed when the tenant remains on the premises without vacating even after the statutory notice to quit has expired. It is typically filed in Magistrate or Circuit Court, depending on the amount of rent owed. 2. Notice to Quit: Before filing a complaint or petition, the landlord must serve the tenant with a written notice to quit. This notice informs the tenant that they have a specific number of days (such as 5 or 14) to either pay the overdue rent or vacate the premises. The notice should meet the requirements outlined in South Carolina's landlord-tenant laws. 3. Summons and Complaint: After the notice to quit period has expired, the landlord can proceed with filing a summons and complaint in the appropriate court. The complaint should detail the specifics of the unpaid rent, the lease agreement, the notice to quit, and any other relevant information. 4. Affidavit of Service: Once the summons and complaint have been filed, the landlord must provide proof that the tenant was served with the complaint and summons. This can be done through an affidavit of service, which is filed with the court and confirms that the tenant has been properly notified of the legal action being taken. 5. Court Hearing: After the complaint and summons are filed, both parties will be notified of the court hearing date. During the hearing, both the landlord and tenant will have the opportunity to present their case and provide evidence supporting their claims. The judge will then make a decision regarding the eviction and recovery of possession based on the evidence and South Carolina's landlord-tenant laws. It is essential for landlords or property owners to consult with an attorney or familiarize themselves with South Carolina's landlord-tenant laws and court procedures to ensure the accuracy and validity of their complaint or petition.A South Carolina Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent is a legal document filed by a landlord to seek eviction and recover possession of their rental property due to unpaid rent from a tenant who is on a month-to-month or verbal lease agreement. This complaint or petition is based on South Carolina's landlord-tenant laws and should follow the specific guidelines set forth by the state's courts. In the state of South Carolina, there are different types of complaints or petitions to recover possession of premises from a tenant at will after a statutory notice to quit has been issued for past due rent. These types can include: 1. Unlawful Detained Complaint: This type of complaint is filed when the tenant remains on the premises without vacating even after the statutory notice to quit has expired. It is typically filed in Magistrate or Circuit Court, depending on the amount of rent owed. 2. Notice to Quit: Before filing a complaint or petition, the landlord must serve the tenant with a written notice to quit. This notice informs the tenant that they have a specific number of days (such as 5 or 14) to either pay the overdue rent or vacate the premises. The notice should meet the requirements outlined in South Carolina's landlord-tenant laws. 3. Summons and Complaint: After the notice to quit period has expired, the landlord can proceed with filing a summons and complaint in the appropriate court. The complaint should detail the specifics of the unpaid rent, the lease agreement, the notice to quit, and any other relevant information. 4. Affidavit of Service: Once the summons and complaint have been filed, the landlord must provide proof that the tenant was served with the complaint and summons. This can be done through an affidavit of service, which is filed with the court and confirms that the tenant has been properly notified of the legal action being taken. 5. Court Hearing: After the complaint and summons are filed, both parties will be notified of the court hearing date. During the hearing, both the landlord and tenant will have the opportunity to present their case and provide evidence supporting their claims. The judge will then make a decision regarding the eviction and recovery of possession based on the evidence and South Carolina's landlord-tenant laws. It is essential for landlords or property owners to consult with an attorney or familiarize themselves with South Carolina's landlord-tenant laws and court procedures to ensure the accuracy and validity of their complaint or petition.
