Bowers v. Thomas

South Carolina Court of Appeals · Contracts

ContractsLandlord and TenantLease terminationNoticeJury trialSouth Carolina Residential Landlord and Tenant ActRLTAnonpayment of rent

Facts

Bowers and Thomas entered a written residential lease on March 1, 2005, under which rent was due in advance on the first day of each month. Thomas failed to pay June rent when due, and that rent remained unpaid; July rent was also late, and on July 15, 2005, Bowers sent Thomas written notice stating that if he did not pay rent within ten days of the due date, eviction proceedings could begin and no other notice would be given. Thomas did not pay August rent within ten days of its due date, and after a rule to show cause issued, he tendered payment on August 12 with an agreement that acceptance would not waive any default. Four working days before the scheduled trial, Thomas requested a jury trial, which the magistrate denied as untimely.

Issue

Whether the landlord gave legally sufficient notice to terminate the lease for nonpayment of rent when August rent was not timely paid, whether the lease was improperly terminated based on the June rent, and whether the denial of Thomas's jury trial request was error.

Rule

If rent is unpaid when due, section 27-40-710(B) permits termination if the landlord has given the tenant written notice of nonpayment and intent to terminate if rent is not paid within the statutory period. Once the landlord gives one such notice, no separate or additional written notice is required for later lease terms. Under Rule 11(b), SCMCR, a jury trial in magistrate's court must be requested in writing at least five working days before the date set for trial.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Columbia, South Carolina, Lena Ortiz rents an apartment from Palmetto Row Homes under a written month-to-month lease. After Lena paid April rent late, the landlord mailed her a letter stating that if she failed to pay rent within five days of the due date, eviction proceedings could begin and she would receive no other notice while living there; in July, Lena again failed to pay within five days.

Before filing for eviction based on the July nonpayment, must the landlord send Lena a new written notice for July?

Explanation. The majority held that under section 27-40-710(B), a landlord's notice obligation is satisfied for later lease terms after the landlord has given the tenant one qualifying written notice of nonpayment and intent to terminate if rent is not timely paid. Thus, after a proper prior notice, the landlord may proceed on a later default without sending another monthly notice. (Derived from Bowers v. Thomas (n.d.).)