Expert: liznarr - 10/15/2010

Question
Hi. My family and I have lived in the house we are currently renting in South Carolina since January 2008. My landlord, who lives in NY, called me last week and left a message stating that he was in the process of listing the house for sale. He said we could stay as long as we needed to, as the house will probably not sell fast with the state of the economy. I advised him that we would most likely start looking for a place to move soon because living with my husband and I are our 14 month old daughter, my severely disabled father, and our small dog, and that we did not want to be living here when realtors are coming in and out, etc. He said that he understood and I told him that I would let him know as soon as we found a place to move to.

Fast forward to this evening, I received an email from the landlord, in which he stated that he had a realtor for the house and that they would be contacting me to "coordinate on lockboxes and pictures of the house."

Due to having my disabled father here (who is wheelchair bound and is forced to stay in bed a lot of the time), my baby, and my dog here, I would really rather not have a lockbox on the door or have any realtors come in at this point. We are searching diligently for a place to move to and hope to be out around the beginning of December.

What are my rights where all of this is concerned? I intend to reply to the email that I received from the landlord to let him know that I really don't want anyone coming in until after we've had a chance to find a place and move out. I know he has the right to sell the house, but I also know that we have rights. I hope that he and I will be able to work something out and he will be understanding to our situation. However, if he is not willing to work with me on this, I need to know that I have options and a legal ground to stand on.

Is the law posted on a state government website somewhere that I can access?

Thank you in advance for your help with this!

Sherry Graves

Answer
Hi Sherry,

Your Landlord can sell the house you are renting, but any rental/lease agreement you have with your Landlord will convey with the sale.  In other words, you cannot simply be “booted out.”  Check your lease to determine if you are now on a month-to-month basis (meaning you and/or your landlord would only have to give the other 30 days’ notice to vacate without penalty), or if you have renewed for a one-year term.

As far as the lockbox, you do NOT have to agree to the lockbox, with persons having access to your house at any time and unannounced.  I would suggest telling your Landlord that anyone wanting to come inside must first make an advance appointment with you.

The Residential Landlord and Tenant Act governs rental agreements and rights of both Landlords and Tenants in SC.  You can view/download it at http://www.scstatehouse.gov/code/t27c040.htm  

It is very late right now, and I am not taking the time to research your particular issue within the link.  If you cannot find it, or if you have additional questions, please feel free to contact me again.

Good luck to you.

Regards,
Elizabeth