early lease break (by Normalman [SC]) Sep 21, 2011 7:39 AM
early lease break (by Mary [MI]) Sep 21, 2011 8:51 AM
early lease break (by Moshe [CA]) Sep 21, 2011 9:05 AM
early lease break (by Red [GA]) Sep 21, 2011 9:09 AM
early lease break (by Normalman [SC]) Sep 21, 2011 9:09 AM
early lease break (by Normalman [SC]) Sep 21, 2011 9:11 AM
early lease break (by Red [GA]) Sep 21, 2011 9:47 AM
early lease break (by Opinionated [NC]) Sep 21, 2011 10:04 AM
early lease break (by Normalman [SC]) Sep 21, 2011 11:57 AM
early lease break (by gevans [SC]) Sep 21, 2011 12:23 PM
early lease break (by annie [SC]) May 14, 2012 1:20 PM
early lease break (by p m h [TX]) May 14, 2012 1:29 PM
early lease break (by Normalman [SC]) Posted on: Sep 21, 2011 7:39 AM Message:
State Specific Question About: SOUTH CAROLINA (SC)
I had a tenant that requested to break a lease 2 months into a 12 month term. I agreed provided she paid 2 months rent to cover the time the place would be empty and the costs of turning it around. She agreed, moved out, and gave me a check. Shockingly, the check bounced. I'm considering filing suit for the full 10 months remaining on the lease (I have a clause in my lease saying that if the lease is broken, I can claim the full amount). She has a pretty good job and should be able to pay at least the two months. I wanted to know if anyone had dealt with this in SC and had experience in recovering damages here as well.
Thanks. --65.200.xxx.xxx |
early lease break (by Mary [MI]) Posted on: Sep 21, 2011 8:51 AM Message:
You will not get the 10 months rent unless you can prove that you tried to rent it during that time. You may be able to get the 2 months rent depending on the laws in your state and the mood of the judge. --99.62.xxx.xxx |
early lease break (by Moshe [CA]) Posted on: Sep 21, 2011 9:05 AM Message:
You might try pleading that the check represented an agreement, and that you are entitled to the consideration of the agreement upon which she defaulted. Since she made the agreement without reservation that you will attempt to change the amount by mitigation of the loss, you can plead that the amount in question represents a liquidated damages agreement.
Another case to show how important it is to have everything carefully written.
--96.247.xx.xx |
early lease break (by Red [GA]) Posted on: Sep 21, 2011 9:09 AM Message:
Check this site out.
ckfraud.org/sc-ck-law.html
In GA, she would have to pay or go to jail then pay. --65.12.xxx.xxx |
early lease break (by Normalman [SC]) Posted on: Sep 21, 2011 9:09 AM Message:
I do have an email trail showing agreement to 2 months rent. --65.200.xxx.xxx |
early lease break (by Normalman [SC]) Posted on: Sep 21, 2011 9:11 AM Message:
I thought about trying to pursue for check fraud. The burden of proving intent to defraud though seems very high. Does anyone go to jail for bouncing a check? --65.200.xxx.xxx |
early lease break (by Red [GA]) Posted on: Sep 21, 2011 9:47 AM Message:
My tenant did, at least until she was bailed out. How is the burden of intent to defraud high? She agreed to pay you a fee to break the lease then she wrote a hot check for the fee. Cut and dried. --65.12.xxx.xxx |
early lease break (by Opinionated [NC]) Posted on: Sep 21, 2011 10:04 AM Message:
Breaking a lease is a civil matter. Writing a bad check is a crime. Have her charged with a crime- no cost to you. When she pays the check, you have your agreed money. Get ready for the next tenant. --67.213.xx.xxx |
early lease break (by Normalman [SC]) Posted on: Sep 21, 2011 11:57 AM Message:
Think you're right. I stopped at the magistrate and they immediately handed me a check fraud form to fill out. --65.200.xxx.xxx |
early lease break (by gevans [SC]) Posted on: Sep 21, 2011 12:23 PM Message:
Go for the bad check charge. That's criminal... you will get a faster, more favorable response.
Don't forget to list your expenses to the judge, to tack on to the total. You may or may not get that, but it's like getting gravy on your taters, so be prepared to receive.
Years ago, I would refuse to settle outside the courtroom. I had one person offer double to settle with no court. She was a lawyer's paralegal and he was in the courtroom. I refused, we went to court... and I've never seen a redder face. I got my money, she got extreme embarrassment... just what she deserved. --141.129.x.xx |
early lease break (by annie [SC]) Posted on: May 14, 2012 1:20 PM Message:
I have a tenant that lives in my house in SC, they are moving out 6 months early and therefore breaking their lease. the lease says that if they break the lease they have to pay for all remaining months on the lease. Can I also legally keep the security deposit since they are breaking the lease. I do not know what they will eventually pay, so can I keep the security deposit just in case they don't pay?
Thanks --98.122.xxx.xx |
early lease break (by p m h [TX]) Posted on: May 14, 2012 1:29 PM Message:
again moshe. seeing a lot that is not there. simple situation. bad check. file it. --97.94.xxx.xxx |
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