Summary
Once both parties sign a lease renewal in South Carolina, it becomes legally binding and takes effect on the specified start date. The landlord cannot choose not to renew it after signing. Filing for bankruptcy should not directly lead to eviction, but if rent is overdue, eviction may be possible. Consult both a landlord-tenant lawyer and a bankruptcy lawyer for comprehensive advice. South Carolina Legal Services and the South Carolina Bar Association offer resources for legal assistance.Full Conversation
My question is if I sign a lease renewal can the landlord choose not to renew because it takes effect or does take effect as soon as I sign it ?
Hello ****! Generally, a lease renewal comes into effect once both parties have signed it. However, laws can vary. Could you please specify your location so I can provide more accurate information?
Can you retype that I’m sorry
Sure ****,
Once both parties sign a lease renewal, it generally becomes effective. However, laws differ based on location. Could you specify where you are located for more accurate information?
South Carolina
In South Carolina,
- Once both tenant and landlord sign a lease renewal, it is legally binding.
- The landlord cannot choose not to renew after it has been signed.
- It takes effect on the date specified in the lease renewal agreement.
So it doesn’t not take effect the day I sign it , it takes effect when the new lease starts ?
Yes, ****, you're correct. In South Carolina, the lease renewal takes effect from the start date specified in the agreement, not necessarily the day you sign it.
So they can choose not to renew it ?
No, ****. Once the lease renewal is signed by both parties in South Carolina, the landlord cannot choose not to renew it. It becomes a legally binding document from the start date specified in the agreement.
Even after I have signed ?
Yes, ****. In South Carolina, after you and your landlord have both signed the lease renewal, it becomes a legally binding contract. The landlord cannot choose not to renew it after that point.
I’m sorry that’s where the confusion comes into play
I understand your confusion, ****. To clarify, in South Carolina:
- After both you and your landlord sign the lease renewal, it becomes a binding contract.
- The landlord cannot choose not to renew it after signing.
- The new lease starts from the date specified in the agreement, not the signing date.
One more question
Of course, ****. Please feel free to ask your question. I'm here to help.
I might be filing bankruptcy but I don’t want my complex to try to kick me out , can they do that ?
In South Carolina, filing bankruptcy should not directly lead to eviction. However:
- If you're not up-to-date with rent, the landlord may have grounds for eviction.
- If you file bankruptcy after eviction proceedings have started, it may not stop the process.
Please consult a local attorney for advice tailored to your situation.
Should it be a bankruptcy lawyer or a landlord lawyer?
Given your circumstances, both a landlord-tenant lawyer and a bankruptcy lawyer could help. Here's why:
- A landlord-tenant lawyer can advise on lease renewal and eviction matters.
- A bankruptcy lawyer can guide you through the bankruptcy process and its potential effects on your housing.
Consider consulting both for comprehensive advice.
Thank you , do you have any suggestions?
Of course ****,
- You could contact South Carolina Legal Services, a not-for-profit law firm, for free legal assistance.
- The South Carolina Bar Association also offers a Lawyer Referral Service which could be helpful.
- Alternatively, you could use online directories like Avvo to find a suitable local attorney.
Remember, it's important to choose a lawyer who specializes in your situation.
I can’t find a phone number for SC legal services
South Carolina Legal Services
Phone: (*) *-*
Website: www.sclegal.org Thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Good luck with everything!
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