Free South Carolina Landlord/Tenant FAQs | Free South Carolina Landlord/Tenant Legal Documents

Are There Any Exceptions To The Landlord's Duties?

Tue, 29 May 2007 21:19:00 GMT

Yes. The landlord and you can agree in writing for you to maintain the appliance(s) if the agreement is not for the purpose of allowing the landlord to avoid making repairs required by the law.

Are There Other Exceptions?

Tue, 29 May 2007 21:19:00 GMT

Yes, If the police or a court order is involved, then she is not required to give you advance notice and get your permission.

Can I Object To Rules Made After I Move In?

Tue, 29 May 2007 21:19:00 GMT

Yes. If you feel that the new rules change your agreement a lot, you should write the landlord within 30 days.

Can My Landlord Evict Me For Complaining About The Condition Of My Apartment?

Tue, 29 May 2007 21:19:00 GMT

No. It is illegal for a landlord to try to get even with you for complaining.

Can My Landlord Put Me Out Without Going To Court?

Sat, 07 Jun 2008 16:53:57 GMT

No. Any other method, such as locking you out or turning off the utilities, is illegal. If the landlord attempts to evict you in an illegal manner, you may be able to stay in the house and recover damages and attorney`s fees from the landlord.

Can The Landlord Evict Me If I Am Criminally Convicted For Breaking The Law In My Home?

Mon, 04 Jun 2007 21:51:22 GMT

Probably. You cannot use your home for illegal activities, and you cannot allow your family or anyone else to use it for illegal purposes.

Can The Landlord Evict Me If I've Been Accused Of A Crime?

Tue, 29 May 2007 21:19:00 GMT

No, he/she must prove you committed the crime.

Can The Landlord Make New Rules After I Move In?

Mon, 04 Jun 2007 21:51:22 GMT

Yes.

Can The Landlord Refuse To Make Repairs If I'm Late Or Behind In Paying Rent?

Tue, 29 May 2007 21:19:00 GMT

No. The landlord must comply with requirements of state and local building and housing codes which generally require the property be kept in good repair.

Do I Have To Fix The Landlord's Furnace Or Plumbing?

Tue, 29 May 2007 21:19:00 GMT

No. The landlord is responsible for providing what is known as essential services to the rental units. With few exceptions the landlord must provide sanitary plumbing or sewer services and electrical and gas connections, where used for heat, hot water, or cooking.

Do I Have To Have A Written Lease Before The Law Will Apply?

Mon, 04 Jun 2007 21:51:22 GMT

Absolutely not. All oral or written agreements to rent are considered leases. But to be enforceable, your agreement must be fair, honest, and reasonable to both the landlord and tenant.

Do I Need A Lawyer If I Have A Problem With My Landlord?

Tue, 29 May 2007 21:19:00 GMT

Maybe not. First you should try to notify your landlord in writing about the problem. (Be sure to keep a copy.) if you are not satisfied in a reasonable time, you may file a claim against him in Magistrate`s Court if it is under $7,500. If your claim is over $7,500, you will probably need the help of a lawyer to go to Circuit Court.

Does The Landlord Have A Right To Come Into My Home Any Time She Pleases?

Tue, 29 May 2007 21:19:00 GMT

No. Generally, the landlord must give you 24 hours notice and get your permission to enter the property. However, a tenant can not unreasonably withhold consent to the landlord to enter into the rental in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. n order to inspect, make repairs, alterations, improvements, supply necessary or agreed services or show the premises to purchasers, lenders, prospective tenants, workmen or contractors.

The landlord has the right to enter without the tenant's consent as follows:

(1) At any time in case of emergency (including prospective changes in weather conditions which pose a likelihood of danger to the property);

(2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, provided that the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and that prior to entering, the landlord announces his intent to enter to perform services; or

(3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services.

Does The Law Apply To Me?

Tue, 29 May 2007 21:19:00 GMT

It applies to all renters, roomers, landlords and those who act for them, except:

hospitals, group homes, schools or other institutions
employees of the landlord who receive housing for their work and live on the worksite
tenants owning or partly owning the unit
rental of a unit in a motel or hotel and the landlord pays special tax on the room

There are other exceptions to the law. If you have a doubt, please call a lawyer.

Does The Law Give Me Any Protection Against Unfair Rules?

Tue, 29 May 2007 21:19:00 GMT

Yes, because:

You must receive notice of rules when you move in or when rules are made.
They must be reasonable, clear, and fair.
The landlord can`t use the rules to avoid his responsibilities under the law.

Does The Law Help Me If I Have Been Discriminated Against In Renting An Apartment?

Tue, 29 May 2007 21:19:00 GMT

Not this particular law, but other laws do. If you feel you have been discriminated against, you should call the Housing Discrimination Hotline. The tollfree number is 18004248590.

How Can I Get The Landlord To Make Repairs If I Can't Contact Him/Her?

Tue, 29 May 2007 21:19:00 GMT

When you agree to rent, the landlord must give you in writing the name of a person to contact.

How Do I Get My Deposit Back When I Move?

Tue, 29 May 2007 21:19:00 GMT

Ask for your deposit back and give the landlord your new address in writing.

How Long Does The Landlord Have To Return The Deposit?

Tue, 29 May 2007 21:19:00 GMT

Within 30 days after the end of the rental agreement or when you ask for it back, whichever is later.

How Much Notice Must Be Given Before Either The Landlord Or The Tenant Can End The Rental Agreement?

Tue, 29 May 2007 21:19:00 GMT

If your agreement is written, the amount of notice should be stated in it. If you have an oral agreement, either the landlord or the tenant may end the rental agreement by giving proper notice to the other party. Proper notice is 7 days if you rent by the week, 30 days if you rent by the month. The notice must be in writing.

I Can't Afford To Have My Water Turned On Right Now. Can I Be Forced To Move Out?

Tue, 29 May 2007 21:19:00 GMT

Yes, because the plumbing will not work, and it is illegal to live in unsanitary conditions.

If Either I Or The Landlord Do Not Sign The Rental Agreement, Is It Still Effective?

Tue, 29 May 2007 21:19:00 GMT

Yes if the landlord gives you a copy, you move in, pay the rent, and she accepts your rent.

If I Don't Pay The Rent, What Can The Landlord Do?

Wed, 20 Aug 2008 15:42:56 GMT

He must send you a written demand giving you five days to pay the overdue rent. If the rent is not paid within these five days the landlord can end your tenancy and go to the magistrate to evict you. He does not have to give you a written demand for the overdue rent if your lease says in big print that no such notice will be given. If you have a written rental agreement, the landlord only has to give you a written notice for the overdue rent once during the period.

If I Have Not Paid My Rent Can The Landlord Take Any Of My Property?

Tue, 29 May 2007 21:19:00 GMT

Only if the landlord goes to the magistrate and has you served with a distress warrant allowing her to hold your property. Some property cannot be taken. If you are served with a distress warrant, you should see a lawyer immediately. If you move out and leave some property, the landlord does have to go to court to hold and sell your property.

If My Landlord Goes To Court To Put Me Out, What Can I Do?

Tue, 29 May 2007 21:19:00 GMT

If your landlord knew that your apartment was in bad condition before your rent became due and had time to repair and did not, you should tell the judge. The magistrate may let you stay if you can show your apartment is not worth the rent the landlord wants for it, and you can pay what it`s worth. If you are served with eviction papers, you should immediately go to a lawyer. You only have ten days from the date you are served to respond to the eviction notice, otherwise the magistrate will issue an order to put you out, called an ejectment order.

If The Landlord Won't Make Repairs And I Can't Move, What Should I Do?

Mon, 04 Jun 2007 21:51:22 GMT

If you want to stay and purchase substitute heat, water or other essential services, you can give your landlord written notice you will purchase them the best you can elsewhere and deduct the cost from rent if she does not provide them in a reasonable time. You cannot make repairs yourself and deduct that cost from your rent. You can also take your landlord to court and ask a judge to order your landlord to make the necessary repairs. The people at the magistrate`s office should help fill out the papers needed to get this done. You can also consult with a lawyer about doing this for you.

If The Landlord Won't Make Repairs And I Want To Move, What Should I Do?

Mon, 04 Jun 2007 21:51:22 GMT

Give your landlord written notice of the problems and warn him if the problems are not repaired in 14 days or within a reasonable time, you will move. If the landlord still does not repair, you can move and will no longer owe him any further rent. He is still required to return your security deposit if there are no reasons to hold it.

Is There Any Limit To How Much Rent I Can Be Charged?

Mon, 04 Jun 2007 21:51:22 GMT

There is no rent control in South Carolina unless you live in housing where your rent is based on your income.

My Landlord Came In To Fix My Sink And Left Me A Note That My House Was A Health Hazard And Unless I Cleaned He Would Evict Me. Can He Do That?

Thu, 27 Mar 2008 00:03:24 GMT

Not if your apartment was only messy. If your house is rat or roach infested because of how you keep it, then he can evict you for being a nuisance or destroying the property.

Sometimes My Friend Comes Over And Creates A Disturbance, Kicking In The Door, Breaking Windows, Etc. Can My Landlord Force Me To Move?

Thu, 27 Mar 2008 00:01:27 GMT

Maybe. It depends on how often this happens or how serious it is. If you are a legal nuisance or are destroying the property the landlord may have grounds to remove you.

What Are My Responsibilities As A Tenant?

Tue, 29 May 2007 21:19:00 GMT

Pay rent on the date agreed upon with your landlord. Not harm the landlord`s property, disturb other tenants, and keep the premises safe and clean. Be responsible for whatever your guests do.

What Are My Rights If The Landlord Includes Any Illegal Conditions?

Tue, 29 May 2007 21:19:00 GMT

The illegal condition cannot be enforced. You may sue her in court and get money damages and reasonable attorney`s fees.

What Are The Landlord's Responsibilities?

Tue, 29 May 2007 21:19:00 GMT

Not to interfere with the tenant`s use of the property. The landlord is responsible to make all repairs to keep the premises in a liveable condition. If you live in an apartment building, the landlord also has to keep all common areas, such as stairs, hallways, yards and parking lot, in a reasonably safe condition.

What Are Ways I Can Notify The Landlord Of My Complaints?

Tue, 29 May 2007 21:19:00 GMT

Written notice can be given:

at his/her place of business
where the rental agreement was made
at any place where you pay your rent

Oral notice can also be given, but it is better to put the complaint in writing. The landlord is also notified if she had reason to know that a problem or complaint existed.

What Can I Do If The Landlord Comes In Anyway?

Tue, 29 May 2007 21:19:00 GMT

You can take her to Magistrate`s Court or Circuit Court for violating your rights under the law.

What Can The Landlord Do If I Damage His Property?

Tue, 29 May 2007 21:19:00 GMT

The landlord can send you a written notice that the damage must be repaired within 14 days. If you do not have the repairs made within 14 days, the landlord may enter the apartment and make the repairs and may also go to court to evict you.

What Happens To The Security Deposit If The Landlord Sells The Place You Are Renting?

Tue, 29 May 2007 21:19:00 GMT

You still have a right to get your security deposit back, when the rental agreement ends.

What If The Landlord's Appliances, Such As Stove Or Air Conditioner, Don't Work?

Tue, 29 May 2007 21:19:00 GMT

The landlord must maintain a reasonably good and safe working order of all appliances supplied or required to be supplied by him.

What If There Is An Emergency In The House?

Tue, 29 May 2007 21:19:00 GMT

Yes, she can come in without your permission if, for example, there is a fire, broken water or plumbing pipe, and other such things.

What If You Want To Stay But Your Landlord Says She Can't Make The Repairs Unless You Move?

Tue, 29 May 2007 21:19:00 GMT

You can go to court and ask for money damages that result from your having to move because the landlord will not repair. These damages can be things such as moving costs and a higher rent at another apartment, if the judge so decides.

What Is A Security Deposit?

Tue, 29 May 2007 21:19:00 GMT

It is the tenant`s money or property held by the landlord in case there are damages or the tenant doesn`t pay the rent.

What Is Rent?

Tue, 29 May 2007 21:19:00 GMT

It is any payment for use of the dwelling unit. This payment includes late charges but not security deposits or any other charges.

What Is The South Carolina Residential Landlord-Tenant Act?

Tue, 29 May 2007 21:19:00 GMT

It is a law passed in July 1986, which protects South Carolina house, apartment, And room renters and their landlords. (if you live in government assistance housing, you have more rights than in this law.)

What Should Be Included In The Rental Agreement?

Tue, 29 May 2007 21:19:00 GMT

It should include the amount of rent to be paid; the date of the payment, and the rights and obligations of the tenant and the landlord.

What Should Not Be Included In The Rental Agreement?

Tue, 29 May 2007 21:19:00 GMT

It is illegal to include any conditions which require you to give up any of your rights under the law.

When Can A Landlord Keep The Security Deposit?

Tue, 29 May 2007 21:19:00 GMT

Only when he gives the tenant a written list of what is not being returned, and Why.

Free Landlord Rights FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Landlord Rights FAQs

Free Landlord Tenant Law FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Landlord Tenant Law FAQs

Free Landlord Tenant Rights FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Landlord Tenant Rights FAQs

Free Leases FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Leases FAQs

Free Rent FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Rent FAQs

Free Rental Discrimination FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Rental Discrimination FAQs

Free Repairs FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Repairs FAQs

Free Security Deposit FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Security Deposit FAQs

Free Terminations and Evictions FAQs

Thu, 26 Nov 2009 03:50:02 GMT

Free Terminations and Evictions FAQs