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What Landlords Need To Know About Abandonment Laws In South Carolina For Tenant Property

Published on May 27, 2023

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What Landlords Need To Know About Abandonment Laws In South Carolina For Tenant Property

Understanding The South Carolina Code Of Laws

Understanding the South Carolina Code of Laws is essential for landlords who are dealing with tenant property in cases of abandonment. In South Carolina, a landlord has the right to take possession of a tenant’s personal property that was left behind after abandonment, but only if certain conditions are met.

The landlord must first provide written notice to the tenant, either by mail or in-person delivery, informing them that the property will be disposed of if not removed within 30 days. Additionally, all abandoned property must be stored on the rental premises for at least 60 days before it can be sold or otherwise disposed of.

Furthermore, the landlord is obligated to make reasonable efforts to contact and notify any lienholders about any items being held in storage. Lastly, landlords are allowed to deduct from the security deposit any costs associated with storing and disposing of any abandoned personal property.

It is important for landlords in South Carolina to be aware of these laws so they can handle abandoned tenant property legally and efficiently.

Quick Links To Unclaimed Property Programs In South Carolina

tenant abandons property

In South Carolina, landlords should be aware of the state's unclaimed property programs as they relate to abandoned tenant property. It is important to understand the requirements and regulations established by these programs in order to ensure that all tenants are treated fairly.

For example, landlords may need to provide written notice of abandonment before disposing of any property left behind, and must follow specific procedures for handling unclaimed funds. In addition, landlords must adhere to the applicable laws regarding storage and disposal of tenant property.

Fortunately, there are resources available to help landlords navigate this process, including links provided by various government agencies. These links provide an overview of the rules and regulations for each program, so that landlords can make informed decisions and comply with their legal obligations.

Bank Accounts And Unclaimed Funds In Sc

In South Carolina, landlords need to be aware of the laws regarding tenant property that has been abandoned. When dealing with bank accounts and unclaimed funds, it is important for landlords to understand their rights and responsibilities.

In some cases, when a tenant abandons property, such as a bank account, the landlord may be responsible for notifying the financial institution involved. In other cases, the landlord may be able to claim any unclaimed funds left in an abandoned bank account if they are able to prove that they were the rightful owner of the property.

The specifics of these types of agreements will vary depending on state law. It is critical that landlords familiarize themselves with the abandonment laws in South Carolina before taking action related to tenant property and unclaimed funds.

Equal Housing Opportunity In Sc

tenant abandoned property

Landlords in South Carolina have a responsibility to ensure equal housing opportunity for all tenants. The Fair Housing Act of 1968 is a federal law that prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability.

This law applies to all landlords in South Carolina and they must be aware of their obligations when dealing with tenant property abandonment laws. Equality of housing should always be upheld when it comes to tenancy agreements, evictions and abandonment laws.

All tenants should receive the same treatment regardless of their race, color or national origin. Tenants should not be discriminated against based on any personal characteristics or beliefs.

It is the landlord's responsibility to make sure that no tenant is unfairly evicted or subjected to unfair conditions due to their nationality, religion or other protected characteristics. If a landlord does not comply with fair housing requirements when dealing with tenant property abandonment laws in South Carolina they may face legal repercussions.

Landlords must also be aware that abandoning tenant property without just cause can lead to costly fines or even criminal charges so it is essential they are familiar with state and local laws regarding abandoned tenant property.

Unclaimed Funds And Property Programs In Sc

In South Carolina, landlords must be aware of abandonment laws and tenant property which may involve unclaimed funds and property programs. Unclaimed funds are money or goods that have been in a dormant account for an extended period of time and forgotten by the owner.

These funds can include insurance payments, refunds, savings accounts, wages, and other monetary assets. Property programs are available through the state if personal property has been abandoned on a landlord's premises.

Landlords should contact their local county treasurer for assistance to see if any unclaimed funds or property exists regarding their tenants. All claims must be filed with the South Carolina Treasurer’s Office within three years from the date of abandonment to be eligible to receive those funds or property.

It is important for landlords in South Carolina to understand abandonment laws regarding tenant property as they could potentially benefit from unclaimed funds and property programs provided by the state.

Check Your Unclaimed Property Every Year

property abandoned by tenant

Landlords in South Carolina need to remain informed about abandonment laws regarding tenant property, especially when it comes to checking unclaimed property. It is important that landlords check the state's unclaimed property database annually to ensure that any tenant-abandoned items have been turned over to the State Treasurer.

This is true even if the landlord has already taken possession of the items or disposed of them, as it is not uncommon for forgotten items to be turned over to the state. Landlords should also be aware that they do not own tenant-abandoned property until it has been reported as unclaimed and legally turned over by the State Treasurer, as many states have strict regulations governing who can reclaim abandoned possessions and when.

By taking a few simple steps each year, landlords can stay up-to-date on abandonment laws and make sure that their tenants’ possessions are properly handled.

Abandoned Vehicles & Watercraft Regulations In South Carolina

South Carolina landlords must be aware of the state's regulations regarding abandoned vehicles and watercraft on their tenant property. The South Carolina Code of Laws outlines specific guidelines that must be followed when dealing with a tenant’s abandoned vehicle or watercraft.

A landlord can take possession of an abandoned vehicle or watercraft if they give the tenant written notice that states the date and location for removal and provides at least seven days for them to remove it. After this period, the landlord may then tow or relocate the vehicle or vessel to an appropriate storage location.

In cases where the owner of an abandoned vehicle cannot be identified, a public hearing may take place in order to determine its rightful ownership. Landlords should also be aware that any profits made from selling an abandoned vehicle or boat must first go towards covering any costs incurred due to its abandonment before being used to compensate them for their time and efforts.

Obtaining Possession Of An Abandoned Watercraft

abandoned tenant property

In South Carolina, landlords must understand abandonment laws and the rules for obtaining possession of a tenant's watercraft. If a tenant is delinquent in rent or otherwise breaches their lease, the landlord can proceed with abandonment proceedings.

A tenant is considered to have abandoned their property if they have not been present at the property for more than fifteen days and have failed to respond to requests from the landlord. The landlord may then terminate the lease and recover any unpaid rental fees.

To obtain possession of an abandoned watercraft, the landlord must file a request with a court in the county where the tenant resides. The court will typically require evidence that all efforts were made to contact the tenant before filing this request and that proper notice was provided.

If successful, the court will issue an order allowing the landlord to take possession of any tangible personal property left behind by the tenant, including any watercraft onsite.

Animal Abandonment Laws In South Carolina

In South Carolina, there are strict laws in place to protect animals from abandonment. It is illegal to leave any pet or animal in a place without making sure that it will be cared for in the future.

If an animal is found abandoned, the owner can be charged with a misdemeanor and face up to a $1000 fine in addition to potential jail time. Landlords must also be aware of these laws if they come across an abandoned pet on their property.

If tenants have left behind an animal, landlords should reach out to local authorities and make sure that the pet is taken care of properly according to state law. They should also document all steps taken to ensure any pets left behind are safeguarded and not subject to abandonment or neglect.

Residential Lease Terms And Tenant Abandonment

renters abandoned property

When it comes to residential leases, South Carolina landlords should be aware of the state's abandonment laws pertaining to tenant property. As a landlord, it is important to know what steps you can take if you believe a tenant has abandoned their residence and left behind personal belongings.

Depending on the situation, you may have the right to dispose of the items in accordance with the law or store them until the tenant returns. In some cases, there may also be an obligation for you to provide notice of abandonment before taking action.

Additionally, you need to understand your rights and responsibilities during a tenant's absence and ensure that any actions taken comply with local regulations. By familiarizing yourself with South Carolina’s abandonment laws, landlords will be better prepared if they ever come across a situation involving tenant property left behind in an abandoned rental unit.

Reclaiming Tenant Personal Property After Eviction

When a tenant abandons property during an eviction, South Carolina landlords are responsible for the personal possessions left behind. It is important for landlords to understand their obligations in order to avoid legal trouble.

Landlords should familiarize themselves with the state's laws regarding tenant abandonment and make sure they comply. It is also important to follow all state and local rules when reclaiming tenant property, disposing of it, or storing it until a tenant can pick it up.

When reclaiming abandoned property, landlords must give tenants written notice of the date, time, and location of the reclaiming process. If a tenant does not show up to claim their belongings within 30 days from the day written notice was given, then the landlord may dispose of the items without further obligation.

Reclaiming abandoned property can be a complex process for both tenants and landlords alike; however understanding applicable laws can help ensure that all parties involved abide by them.

Landlord Responsibilities For Tenant-abandoned Property In Sc

renter abandoned property

As a landlord in South Carolina, it is important to know your responsibilities when it comes to tenant-abandoned property. It is the landlord’s job to document the condition of the property when it is vacated in order for them to be able to handle the tenant’s abandoned possessions legally and according to state law.

Furthermore, the landlord must properly store and maintain the abandoned property until they have received appropriate notice from either a court or a tenant that they can dispose of the items. In addition, any unclaimed personal effects must be held for at least thirty days before disposing of them.

Landlords are also required to provide tenants with notice of their rights regarding abandonment when vacating a rental unit. This helps protect tenants from any potential losses as well as allows them an opportunity to reclaim their property if needed.

Understanding these laws and regulations is key for landlords when dealing with tenant-abandoned property in South Carolina.

Investigating The Causes Of Tenant Eviction/abandonment

Abandonment laws in South Carolina can be complicated for landlords when it comes to tenant property. Investigating the causes of eviction or abandonment is a key step for landlords, as understanding why tenants are leaving and what steps need to be taken to protect their property is essential.

The legal definition of abandonment, how to properly document an abandonment, and how to dispose of abandoned personal property are all important considerations that must be addressed. It’s also important for landlords to understand the difference between abandonment and other forms of tenant termination, such as eviction or surrender.

Knowing the various legal requirements that accompany each type of termination helps landlords make sure they’re taking the right steps when dealing with a tenant who has abandoned their rental unit. Additionally, understanding the timeline for disposing of abandoned property gives landlords necessary guidance on following through with their responsibilities in a timely manner.

By familiarizing themselves with South Carolina's laws on tenant eviction/abandonment, landlords can better shield themselves from any potential litigation down the line.

Determining Ownership Of Abandoned Property In South Carolina

abandoned rental property

When a tenant abandons property in South Carolina, the landlord must determine who owns the property. Generally, if the tenant left behind personal belongings, such as furniture or clothing, and did not include an inventory of the items or a list of who should take ownership, then the landlord is allowed to consider the property abandoned and take possession of it.

If there is no dispute from the tenant about the abandonment, then the landlord is generally entitled to keep or dispose of any abandoned property as they see fit. However, if there are disputes over who owns certain pieces of abandoned property, landlords may need to provide evidence that they possess a valid lease agreement with their tenants.

This can help clarify ownership and avoid any unnecessary legal disputes. Additionally, South Carolina law requires landlords to notify tenants when they have taken possession of abandoned property.

This can help protect both parties in case either party wishes to dispute ownership at a later date.

Rights And Responsibilities Of Landlords Dealing With Abandoned Property

As a landlord in South Carolina, it is important to understand the rights and responsibilities associated with dealing with abandoned tenant property. In general, if a tenant abandons property in their rental unit, the landlord must take specific steps to ensure that any personal items are safe and secure.

This includes providing written notice to the tenant regarding their abandoned property. It is important for landlords to document all attempts to contact the former tenant and keep a record of when and how they were contacted.

Once the landlord has taken reasonable steps to notify the tenant of their abandoned property, they can legally assume ownership of it after seven days have passed; however, this does not apply to certain items such as vehicles or cash. Additionally, landlords must store any items for at least one month before disposing of them in accordance with state law.

Furthermore, if any items are found to be hazardous or perishable, they should be disposed of immediately in order to avoid health risks. It is essential that landlords understand these laws when dealing with tenant abandonment so that they can protect themselves from potential liabilities while also ensuring that tenants’ possessions are properly handled.

What Happens When A Tenant Breaches A Lease Agreement? 17. Understanding The Rights Of A Landlord After Tenancy Termination 18. Legal Remedies For Recovering Damage Or Expenses From An Evicted Tenant 19. How To Report Unlawful Disposal Or Destruction Of A Tenant's Personal Property 20 What To Do If A Tenant Leaves Belongings Behind?

when is a rental property considered abandoned

When a tenant breaches a lease agreement, it is important for landlords to understand their rights after tenancy termination. Landlords may have legal remedies available to them for recovering any expenses or damages from an evicted tenant.

Depending on the state, it is a landlord’s responsibility to report any unlawful disposal or destruction of a tenant’s personal property. In South Carolina, abandonment laws specifically outline what landlords need to do if a tenant leaves behind belongings.

Landlords must follow certain steps in order to properly dispose of these items and protect their own interests. The state also outlines procedures for resolving disputes between landlords and tenants that arise from the abandonment of property.

Knowing these laws is essential for landlords who must navigate such situations in order to protect themselves and their rental properties.

How Long Does A Tenant Have To Be Gone Before It Is Considered Abandoned In Sc?

In South Carolina, the amount of time a tenant must be gone before their property can be considered abandoned is determined by the landlord. Generally, once a tenant has not made any attempts to contact the landlord or pay rent for a period of at least 14 days, it can usually be assumed that the tenant has abandoned their belongings.

However, some landlords choose to wait longer than 14 days in order to give tenants more time to return and/or arrange for payment. In addition, if a landlord chooses to declare abandonment after 14 days, they must still follow certain legal protocols such as posting notices on the premises and allowing sufficient time for the tenant to reclaim their items.

Ultimately, it is important for landlords in South Carolina to understand their local abandonment laws so that they are able to make informed decisions when dealing with tenants who have left behind personal belongings.

What Are The Abandonment Laws In South Carolina?

what to do when tenant abandons property

In South Carolina, it is important for landlords to understand the laws regarding tenant abandonment. Tenants are considered to have abandoned their property if they fail to occupy the premises for at least 15 days without notifying the landlord of an extended absence.

Additionally, a tenant that has vacated the premises without paying rent or who has indicated they no longer intend to occupy the premises will also be considered abandoned. In these cases, landlords must take possession of all personal property left by the tenant and store it for a period of 30 days.

During this time, the landlord must attempt to contact the tenant and notify them of their rights to reclaim their property before disposing of any items that remain unclaimed. Furthermore, landlords should document any efforts made to contact a tenant for proof in case of legal action taken against them.

What Is Abandoned Tenant Property In Sc?

Abandoned tenant property in South Carolina is any personal property left behind by a tenant that is no longer occupying the rental unit. This includes, but is not limited to, furniture, appliances, clothing, and other items that are considered personal possession of the tenant.

Landlords should be aware of the state laws regarding abandoned tenant property as they can have an impact on the landlord's rights when it comes to storing and disposing of said belongings. According to South Carolina law, landlords must take reasonable steps to investigate whether or not an item left behind is truly abandoned before disposing of it or selling it.

If a landlord fails to follow this process, they could face legal consequences. In addition, if a landlord chooses to keep any abandoned property for more than 30 days after being notified by the tenant or their agent that they do not wish for it to remain on the premises, then they may be liable for damages resulting from its continued occupancy.

Landlords should also be aware that if there are any items left behind that are considered valuable or dangerous, such as firearms or drugs, these must be handled according to specific laws and regulations in order to avoid legal liability. With all these considerations in mind, landlords need to familiarize themselves with South Carolina's abandonment laws in order to ensure their rights are protected when dealing with abandoned tenant property.

What Is Section 27 37 10 In Sc?

Section 27 37 10 of South Carolina law is a legal provision for landlords regarding tenant property that is abandoned. This section provides landlords with guidelines on how to properly handle and dispose of any tenant property that has been left behind when tenants vacate their rental units, as well as the process for giving notice to tenants about the abandonment.

Specifically, Section 27 37 10 requires landlords to provide tenants with written notice of the potential abandonment, allowing them at least 15 days to retrieve their belongings before disposing of them. Landlords must also store any items for an additional 30 days before disposing or selling the items.

This section outlines in detail what landlords must do in order to avoid potential legal issues related to tenant abandonment in South Carolina.

Q: What should a landlord do if a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease in South Carolina?

A: The landlord should review the terms of the lease agreement and/or consult legal counsel to determine their rights and obligations. Generally, the landlord must make reasonable efforts to re-rent the vacated premises and apply any security deposits toward unpaid rent or damages. If these efforts are unsuccessful, the landlord may be able to file an action for eviction or breach of contract against the tenant.

Q: What should a landlord (Lessor) do if a tenant (Lessee) abandons a property under a Month-to-Month or Periodic Tenancy Lease in South Carolina?

A: If a tenant abandons the property, the landlord may enter the premises and take possession of the security deposit. Additionally, the landlord should contact any sublessor and inform them of the tenant's abandonment. The landlord should also make reasonable efforts to re-rent the property to mitigate any losses.

Q: What should a landlord do if a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease in South Carolina?

what to do if tenant abandons property

A: A landlord should make an effort to re-let the property in good faith and to act in a bona fide manner. If successful, any rent received from the new tenant can be applied to satisfy any outstanding obligations owed by the original tenant. If unsuccessful, the landlord may seek relief through the courts provided that they have met all of their obligations under the rental agreement.

Q: What should a landlord do if a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease in South Carolina?

A: The landlord should file an action in Magistrate's Court to obtain a judgment for possession of the premises and any unpaid rent.

Q: What should a landlord do if a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease in the State of South Carolina?

A: The landlord must follow the procedures outlined by the South Carolina Landlord Tenant Act. This includes providing written notice to the tenant and filing an appeal with the courts if the tenant does not respond within 30 days. If the appeal is denied, then the landlord is entitled to possession of their property, which can be appealed if desired.

Q: What should a landlord do if a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease in South Carolina?

what to do if a tenant abandons the property

A: In South Carolina, the landlord must make reasonable efforts to protect the abandoned property and ensure its health and safety. This includes providing heat to the property when necessary for health and safety reasons. Once the landlord has taken these steps, they must then try to re-rent the property and document all efforts made. Finally, they must provide the tenant with a written receipt of their belongings left at the property.

Q: What should a landlord do if a tenant abandons the property and fails to pay for hot water in an emergency situation in South Carolina?

A: In this case, the landlord should take immediate steps to ensure that the emergency situation is addressed. The landlord must contact local authorities, such as the fire department, to report any potential hazards. The landlord may also need to contact utility companies to have the hot water restored. Finally, the landlord can seek legal action if necessary to recover unpaid bills or damages caused by the tenant's abandonment.

Q: What steps should a landlord take if a tenant abandons a property in South Carolina under a Month-to-Month or Periodic Tenancy Lease?

A: A landlord must obtain consent from the tenant before entering the property to inspect it. If the tenant has abandoned their rental property, the landlord can contact local law enforcement and give them permission to enter and inspect the premises. The landlord must also follow the specific rules and regulations of South Carolina Property Law for Landlord-Tenant situations when dealing with an abandonment.

Q: In what jurisdiction must a landlord in South Carolina take action if a tenant abandons the property under a Month-to-Month or Periodic Tenancy Lease?

if a tenant abandons property

A: A landlord in South Carolina must take action within the local jurisdiction where the property is located if a tenant abandons the property. The landlord should attempt to rent out the property for fair-market value and if unsuccessful, they may proceed with distress proceedings as allowed by local law.

Q: What are the abandonment laws in South Carolina regarding tenant property and security deposits if a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease?

A: In South Carolina, landlords must make an effort to return any remaining security deposit funds to the tenant within 30 days of receiving notice of abandonment. The landlord may also keep an amount to cover any unpaid rent, damages, or other fees owed up to the full amount of the security deposit. If a tenant leaves personal property behind at the abandoned premises, the landlord must store it for 30 days and then dispose of it in accordance with state law.

Q: What is the contractual and statutory matter for a property manager to take when a tenant abandons a property in South Carolina?

A: According to South Carolina Statute § 27-40-710, a landlord is required to exercise reasonable diligence in attempting to re-rent the property after it has been abandoned. The landlord should also make an effort to contact the tenant by mail or phone, and if applicable, deduct any unpaid rental fees from the security deposit. If these steps are taken, any remaining balance of the security deposit must be returned to the tenant within thirty days.

Q: What obligations does a landlord in South Carolina have if a tenant defaults and abandons the property under a Month-to-Month or Periodic Tenancy Lease?

tenant leaving furniture behind

A: A landlord in South Carolina has several obligations when a tenant defaults and abandons the property under a Month-to-Month or Periodic Tenancy Lease. The landlord must take reasonable steps to mitigate damages, including making an effort to re-rent the premises as soon as possible. If the landlord employs employees or contractors, they must be paid for any work performed prior to abandonment. The landlord should also promptly return any security deposit held by them, minus any unpaid rent or other expenses incurred due to default.

Q: What steps should a landlord in South Carolina take if a tenant abandons the property under a Month-to-Month or Periodic Tenancy Lease?

A: In South Carolina, landlords should first contact the local sheriff's department to ensure that the tenant has officially vacated the property before taking any further action. The landlord should then inspect the premises for any sanitary and safety issues, as well as check for any remaining tenant property or security deposits. Any tenant property left behind must be stored by the landlord for at least 30 days before disposing of it. Lastly, the landlord may pursue legal action to recover any unpaid rent and other damages due to abandonment.

Q: What are the obligations of a landlord in South Carolina when a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease?

A: According to South Carolina abandonment laws, the landlord must take reasonable steps to protect any tenant property left behind and secure the premises, as well as return any security deposit within 30 days. The landlord is also required to make all reasonable efforts to re-rent the unit and mitigate their damages.

Q: What are the obligations of a landlord in South Carolina when a tenant abandons a property under a Month-to-Month or Periodic Tenancy Lease?

tenant abandoned personal property

A: Under South Carolina law, landlords must make reasonable efforts to mitigate their damages by attempting to find new tenants, and any remaining security deposit must be returned to the former tenant. In addition, the landlord is required to store any remaining personal property for at least 45 days before disposing of it.

Q: What are a landlord's obligations under South Carolina abandonment laws if a tenant abandons their property under a Month-to-Month or Periodic Tenancy Lease?

A: Under South Carolina abandonment laws, landlords have the obligation to make an effort to mitigate damages and attempt to re-rent the property as soon as possible. Landlords must also return the security deposit minus any unpaid rent or damages after the premises have been vacated and all of the tenant's belongings have been removed from the property.

Q: What are a landlord's obligations under South Carolina abandonment laws if a tenant abandons property under a Month-to-Month or Periodic Tenancy Lease?

A: Under South Carolina abandonment laws, a landlord must provide notice of the abandoned property and make reasonable efforts to dispose of it. The landlord must also return any security deposit or prepaid rent within 30 days of the tenant's departure.

Q: What are the obligations of a landlord in South Carolina if a tenant abandons their property under a Month-to-Month or Periodic Tenancy Lease?

A: The landlord must follow the abandonment laws in South Carolina regarding tenant property and security deposits. They must make reasonable efforts to secure the premises, protect any tenant property that is left behind, and dispose of any remaining items according to state law. They should also return any security deposit as required by law.

LANDLORD AND TENANT ACTUAL DAMAGES ATTORNEY'S FEES LEASING LEASES OR RENTAL AGREEMENTS ORDINANCE
HEATING ATTORNEY LAWYER INFORMATION ORGANIZATION FAILURE
POLICE PLUMBING LANDLORD AND TENANT MOTOR VEHICLES INSURANCE COMPANY EMPLOYMENT
DEBRIS PRICES CIVIL ACTION SUIT GAS INBOX
EMAIL CRIMINAL ACTIVITY CRIME CONVEYANCE ATTENTION OF THE RENTAL
THE PAYMENT OF PAYMENT OF RENT LANDLORD AND TENANT UNIT THE LANDLORD ENTER THE DWELLING UNIT REASONABLE EFFORTS TO RENT
TO RENT IT AT RENT IT AT A OF THE RENTAL AGREEMENT THE LANDLORD FAILS TO IN THE DWELLING UNIT DEFAULT IN THE PAYMENT
EFFORTS TO RENT IT AND THE TENANT HAS FIFTEEN DAYS AFTER DEFAULT IN THE PAYMENT OF MAY ENTER THE DWELLING AFTER DEFAULT IN THE
DAYS AFTER DEFAULT IN IF THE LANDLORD FAILS THE PAYMENT OF RENT

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