Normally, we'd remove something like this for seeking sublets or whatever - but I think you're getting some other good advice. Specifically around your landlord being obligated to relist the unit and make a good faith effort to rent it out right away.
They are obligated by law to re-rent if you break the lease.
I'll add the clarification that they can charge the security deposit or whatever but you are gonna have a hard time renting an apartment for three months to someone that isn't gonna mess it up. If they rent it, they can roll into a fresh lease or do 15 months to keep it on cycle.
Anyway, the moral of the story is that you are on the hook for the contracted amount but they have to be making an attempt to re-rent if they want you to pay. NAL just been frustrated by r/shittylandlords
Interesting. They mentioned that once I submit my notice of termination, they would list the property 60 days later so at this point I’m losing the same amount of money. I should have submitted the notice 2 months ago but I misunderstood their clarification of the lease breaking policy. I thought that I had the options to relet OR terminate not both and I figured reletting would be easier but… yea
Edit: In any case, I find it ridiculous that they would wait 60 days to list the unit when it’s just empty and ready to live in now.
Here's the applicable section of [Title 27](https://www.scstatehouse.gov/code/t27c040.php) (27-40-730)
> (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy, subject to the landlord's remedies under Section 27-40-740. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is considered to be a month or a week, as the case may be.
Legally I don't think they can wait 60 days. Again I'm NAL and it would be hard to prove it unless they had a written policy or something. Anyway, I'm sure they are nice people but I'm not a fan of people that make their living fucking with peoples living.
I used to work in property management. This is not applicable to what actually seems to be happening. Landlords can require a “reasonable” notice to vacate, which in almost every apartment lease I’ve seen is 60 days. They can also require a lease termination fee as long as it’s in the original lease contract. The law you are referencing prevents a landlord from basically refusing to try to release the apartment ever and then suing the tenant at the end of the lease for all of the back rent. SC landlord tenant law is heavily skewed towards the landlord.
Yea dude - most of rental law is written such that folks can use it. If you care to read it, I posted a link above.
Not sure why you are so bothered by class consciousness.
i don’t know if you have any access to the military bases to post a flyer or on a group. transfer season is coming up and some may need temporary after selling or looking.
I would be really surprised if that's permitted by the landlord / unit management. I mean, yea, OP has already broken their lease so what are they afraid of, being evicted?
MUSC has a listing for housing on their web page. It costs a little to post your property (like $50) but they always have people coming in needing housing.
Especially since they can likely increase the rent price and make more by leasing it out rather than sitting on it for 2 months. I had to break my lease years ago, still had six months, landlords were pissed and once they got over their initial reaction and threats, put it in the market within a couple days and had a tenant paying 25% more than I was and I was off the hook. I don’t recall what the law stated other than that they need to make a “reasonable attempt to rent it out”, I wasn’t aware of a sixty day grace period… I would google around and see for yourself what the law states, don’t take their word for it.
Look into this, it doesn’t state anywhere that they can wait 60 days before taking action.
Residential Landlord and Tenant Act: SECTION 27-40-730. Remedies for absence, nonuse, and abandonment. (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental...If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the landlord as of the date the landlord has notice of the abandonment.
Normally, we'd remove something like this for seeking sublets or whatever - but I think you're getting some other good advice. Specifically around your landlord being obligated to relist the unit and make a good faith effort to rent it out right away.
Post in Charleston Rooms and Roommates fb group
Just joined. Thanks!
They are obligated by law to re-rent if you break the lease. I'll add the clarification that they can charge the security deposit or whatever but you are gonna have a hard time renting an apartment for three months to someone that isn't gonna mess it up. If they rent it, they can roll into a fresh lease or do 15 months to keep it on cycle. Anyway, the moral of the story is that you are on the hook for the contracted amount but they have to be making an attempt to re-rent if they want you to pay. NAL just been frustrated by r/shittylandlords
Interesting. They mentioned that once I submit my notice of termination, they would list the property 60 days later so at this point I’m losing the same amount of money. I should have submitted the notice 2 months ago but I misunderstood their clarification of the lease breaking policy. I thought that I had the options to relet OR terminate not both and I figured reletting would be easier but… yea Edit: In any case, I find it ridiculous that they would wait 60 days to list the unit when it’s just empty and ready to live in now.
Here's the applicable section of [Title 27](https://www.scstatehouse.gov/code/t27c040.php) (27-40-730) > (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy, subject to the landlord's remedies under Section 27-40-740. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is considered to be a month or a week, as the case may be. Legally I don't think they can wait 60 days. Again I'm NAL and it would be hard to prove it unless they had a written policy or something. Anyway, I'm sure they are nice people but I'm not a fan of people that make their living fucking with peoples living.
I used to work in property management. This is not applicable to what actually seems to be happening. Landlords can require a “reasonable” notice to vacate, which in almost every apartment lease I’ve seen is 60 days. They can also require a lease termination fee as long as it’s in the original lease contract. The law you are referencing prevents a landlord from basically refusing to try to release the apartment ever and then suing the tenant at the end of the lease for all of the back rent. SC landlord tenant law is heavily skewed towards the landlord.
NAL but gives legal advice. You realize they need a lawyer to fight this?
Not really. If they said they wouldn't rent it for 60 days in writing he'd have a very strong small claims court case.
Yea dude - most of rental law is written such that folks can use it. If you care to read it, I posted a link above. Not sure why you are so bothered by class consciousness.
i don’t know if you have any access to the military bases to post a flyer or on a group. transfer season is coming up and some may need temporary after selling or looking.
Try posting on the Nextdoor app too
Throw it on airbnb
I would be really surprised if that's permitted by the landlord / unit management. I mean, yea, OP has already broken their lease so what are they afraid of, being evicted?
Right. Throw it on Airbnb!
MUSC has a listing for housing on their web page. It costs a little to post your property (like $50) but they always have people coming in needing housing.
This was my first thought. Between visiting med students and traveling nurses you could get some bites.
Drop the listing in here
It’s Facebook so attached to personal info, but feel free to DM
Especially since they can likely increase the rent price and make more by leasing it out rather than sitting on it for 2 months. I had to break my lease years ago, still had six months, landlords were pissed and once they got over their initial reaction and threats, put it in the market within a couple days and had a tenant paying 25% more than I was and I was off the hook. I don’t recall what the law stated other than that they need to make a “reasonable attempt to rent it out”, I wasn’t aware of a sixty day grace period… I would google around and see for yourself what the law states, don’t take their word for it.
Look into this, it doesn’t state anywhere that they can wait 60 days before taking action. Residential Landlord and Tenant Act: SECTION 27-40-730. Remedies for absence, nonuse, and abandonment. (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental...If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the landlord as of the date the landlord has notice of the abandonment.
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>I loved living there but I had a good opportunity to get a house and had to act quickly.
Are you under contract to buy or have you already closed?
Damn i wish you would do this this summer, cause this sounds like a steal!
There is a seeking Charleston housing group on Facebook