The Landlord Doctor Forum

I have a lease in SC that is signed by a lady who left her husband this past weekend (she signed as tenant, he signed as witness, and they are both listed as occupants). According to him, she got a big bonus from work, packed her belongings, and left (current whereabouts and phone number unknown but most likely still in town). She has not paid this month's rent and, judging by her behaviors, she has no plans to pay me another cent. She has ignored my emails requesting payment (plus late fees). I can't even tell you how nice I was to these complete strangers. I gave them a place to stay when they had no money and voluntarily waived the first months rent ($1250) out of pure sympathy. I have two small toddlers to support, we have been saving pennies to build a house in the spring, and this is just an awful time for this. With a $1400 mortgage, our savings won't last long and we will have to start over.

I have a $1250 deposit from them (which I have just spent on this month's mortgage). I do not have their social security numbers. I have no lawyer and I'm not a professional landlord. I vacated this house when I got married and was forced to rent it because I could not sell (the economy left me upside down on the house).

So what should I do? The husband is communicating and behaving decently so far, he has nowhere to go, and I don't want to just kick him out on the street. He has agreed to be out by March 1 and have the house cleaned up. I'm ignorant in this arena but I do realize that I need to be very careful here. My current plan is to claim abandonment on March 1 (I am assuming and praying that the husband will be gone then as promised), put the house on the market, and file a suit against the tenant in small claims court.

Thanks!