Best Practices for Landlord Letters to Tenants

In South Carolina, managing a rental property business requires a number of legal obligations, from selecting tenants to writing landlord letters to tenants and other legal documents. These legalities can be complex and land you in hot water if you are not completely versed in the best practices. This is why working with a property management company is so beneficial. Not only can they streamline your processes, a good company like Palmetto States Properties knows the legalities inside and out and we have more owner services to help you out to boot. Read on to learn the best practices for a landlord letter to tenants.

Searching for an experienced partner to manage your rental property? Palmetto State Properties is known for their ability to manage, market and maintain rental properties in the greater Charleston, SC area. Contact us today.

Landlord Letter to Tenants

Best Practice #1: Put it in Writing

When landlords have important information to convey to tenants, they need to do so in writing rather than face-to-face or through telephone conversations. The reason is simple—it helps prevent misunderstanding and provides a paper trail documenting the communication. Having documented evidence is essential protection for landlords in the event that a matter escalates to legal proceedings.

Best Practice #2: Know the Law

Some written notifications are required by law, but which landlord letters are mandatory, and the rules regarding them vary by state. Landlords must determine what rules govern written notification of tenants in their state and municipality before delivering or mailing them. Many landlords are able to rely on their property management firm to handle tenant notifications. We at Palmetto State Properties know all the laws applicable to our clients and their properties and can take care of this complex process for you.

Best Practice #3: Use the Right Notice for Your Purpose

Most landlord notifications to tenants fall into one of three categories, as described below.

Notices that Could Lead to Eviction or Disposal of Personal Property

• Notice to Pay or Quit—This notice is sent to tenants who have not paid their rent within the legal grace period. It allows them to pay and remain in the rental unit. Failure to remedy the delinquency within the allotted time can trigger the formal eviction process. In South Carolina, tenants have five days after receipt of a Pay or Quit notice to pay their late rent, after which the tenant can begin eviction proceedings.
• Unconditional Quit Notice—In South Carolina, landlords can issue an Unconditional Quit notice to any tenant who has participated in illegal activity on the premises of a rental property. The notice informs the tenant that an eviction lawsuit will be filed against the tenant immediately.
• Notice to Cure or Quit—Landlords can send this notice to tenants who violate lease terms, for example by keeping a pet when pets are not permitted, subletting to someone else, or some other infraction. In South Carolina, tenants have 14 days to correct the problem before the landlord can file an eviction lawsuit.
• Notice of Intent to Dispose of Abandoned Personal Property—In many states, including South Carolina, personal property removed from a rental unit as a result of an eviction proceeding may be placed on a public street or highway and will be removed by the appropriate municipal or county officials within 48 hours or during normal trash collection. Where there is no roadside trash collection, landlords can dispose of such abandoned property as they see fit. South Carolina does not require a separate notice as long as the eviction notice clearly informs the tenant of this disposal procedure. Without proper notification, municipal officials or the tenant can be held liable for the disposal of a tenant’s personal property due to eviction.

Notices Regarding Rent Increases or Lease Renewals

• Lease Renewal Letter—A lease renewal letter is sent to notify a tenant of the upcoming expiration of their lease. The letter’s intent is to remind tenants to decide whether or not they will continue their lease and to inform the landlord accordingly.
• Non-renewal of Lease Letter—This letter is sent to notify a tenant of the landlord’s decision to terminate their lease rather than renew it. No legal reason is needed. In South Carolina, this is referred to as a Lease Termination letter or as a Notice to Vacate and is used only when terminating a month-to-month lease. A South Carolina landlord must provide at least 30 days’ notice to the tenant
• Notice of Rent Increase—A Notice of Rent Increase typically is a formality to document rent increases that do not occur in the context of a lease renewal. Most often, any rent increase between lease terms results from the lease being amended in favor of the tenant because of improved or new services provided to the tenant.
• Notice of Change of Ownership—Landlords who sell a rental property are obligated to inform tenants of the change in ownership. Leases do not terminate because of a change of ownership.

Notices Regarding Entry to the Tenant’s Unit

• Notice of Intent to Enter Dwelling Unit—Landlords are legally obligated to notify tenants before entering a rental unit except in the case of an emergency. In South Carolina, landlords have to provide at least 24 hours’ notice and may only enter the tenant’s unit during reasonable times of day.
• Notice of Maintenance, Renovations, Repairs, or Outages—In addition to a legal obligation to notify tenants of the intent to enter a dwelling unit to make repairs or perform other kinds of maintenance, landlords need to let tenants know when utilities may be interrupted while work is being done in a rental unit or elsewhere in a multi-unit building. This is primarily a matter of courtesy, but there may be instances where the work done may render a unit uninhabitable. In such instances, a landlord may need to relocate tenants to a hotel for the duration of repairs.

Due to the complexities of laws and formalities, as well as how letter writing can impact your real estate business, you may prefer to have a property management firm handle communications with your tenants. Get in touch today to find out how we can help.