Q: My live in tenant went to jail for DUI with back rent owed. Can I evict now or do I have to wait?
This was his 3rd DUI and it appears he'll be jailed for a while. I have no idea how long. He doesn't have anyone to throw his bail and I declined myself. I don't want to be financially responsible. He is on a month-to-month agreement and has been here just over a year. We've had past issues and I no longer wish to rent to him.
A:
If you have a lease agreement you can evict for five reason:
1) Failure to pay rent;
2) Material violation of the terms of the lease;
3) Failure to maintain the rental unit in a health and safe manner;
4) Abandonment of the unit; or
5) When the lease term has ended
If you no longer want a month to month tenancy to continue you will need to provide proper notice as required under the South Carolina Landlord Tenant Act.
See this article from the South Carolina Bar for more information on evictions in South Carolina:
https://www.scbar.org/public/get-legal-help/common-legal-topics/eviction/
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