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About Sharon Wilkerson
Expertise
I can answer questions on residential real estate whether they concern buying or selling, 1031 exchanges, or investment property/vacation property. I can answer some questions on South Carolina law concerning the aforementioned property type sales. I cannot answer questions concerning commercial property.
Experience
I am a realtor in the Charleston, SC, area which is an historic seaport town on the coast located between Myrtle Beach and Hilton Head. I have serviced both buyers and sellers from those looking to purchase their very first home to those looking for a place to retire. I have a network of realtors around the South Carolina area with whom I am in touch concerning the South Carolina real estate market.
Organizations
The Charleston Tri-county Association of Realtors; The South Carolina Association of Realtors, The National Association of Realtors; Women at Work; The National Conservancy; Daughters of the American Revolution
Education/Credentials
BA degree in Business and BA degree in Theatre Arts
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You are here: Experts > Cities/Towns > South Carolina > Real Estate: South Carolina > no written contract
Expert: Sharon Wilkerson
Date: 9/8/2008
Subject: no written contract
Question
i had a verbal agreement that the house was rent to own always asked for a contract well a year later and no contract with a 3 hour notice he put the house up for sale and when he did i told him we would not buy the house and we gonna move so we did now he's calling me at work wanting to know where his rent payment is. I want to know because we never had a written contract can he take me to small claims court?
Answer
A rent to own does require a written contract and usually three written contracts: (1) lease agreement, (2) agreement for rent to own, and (3) contract to sell. All of these agreements (contracts) require money down.
Acceptance of rent by a landlord followed by a tenant moving in does equal a valid rental contract whether it is written or not. However, there should also be a specified rental amount, the time the payment is due, and the terms (month-to-month, six months, 1 year, etc) worked out ahead of time which is why it is always better to get a written contract. The landlord may terminate the lease for any of the following reasons (1) non-payment of rent which requires 5 days notice (2) breach of lease which requires a 14-day notice, (3)abandonment, and (4) end of lease term which requires a 30-day notice.
To answer your question as to whether or not the landlord can take you to small claims court, the answer is yes. Whether he will prevail or not, I can't answer. I am not an attorney and I do recommend you get legal counsel. Contact either the South Carolina Bar Ask-A-Lawyer at 1-888-321-3644, or South Carolina Centers for Equal Justice 1-888-346-5592; both of these are free legal services. Of course you can contact your own personal attorney also.
Good luck to you and let me know if I can be of any further assistance.
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