Notice not Picked up : ezLandlordForms

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Ken S

started a topic over 14 years ago

We have single family home in South Carolina. Tenants have not paid full rent for July (partial payment in money order). They agreed verbally to pay balance and late fees by 26 July...nothing. They now are avoiding us(no phone calls, no mail or email). 5 day notice or leases terminates sent certified signature required....has not been picked up yet. PO left notice that they have mail to be picked up on 7/22/09. Our next step? Thanks!

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Denise S

said over 14 years ago

"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. It is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence. Proof of mailing pursuant to this subsection constitutes notice without proof of receipt. After such is done, you may then go to your local district or housing court and file for their eviction. Be careful as to NEVER change locks on your own.

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Ken S

said over 14 years ago

Thanks much! They are refusing the letter, which I am told means they can say they were not served the 5 day notice to pay or lease terminates. I decided to have the Sheriff in that county serve the notice for us and that will be done, with any luck by Monday. That gives them 5 days to pay or I am at the Magistrate's office to file for eviction.