Can a Landlord Evict You for Being Messy
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Introduction
Q. What is the Southward Carolina Residential Landlord-Tenant Human action?
It is a police force passed in 1986 that protects South Carolina house, flat, and room renters and their landlords. If you lot live in government-assisted housing, this law protects you. You may also have boosted protections under federal law.
Q. I don't have a written lease. Does the landlord tenant human activity still employ to me?
Yes. This police force applies whether or not you take a written charter. Both oral and written agreements to rent are considered valid leases. The lease must exist fair, honest, and reasonable to both the landlord and tenant.
Q. Does the constabulary apply to me?
Information technology applies to all renters, roomers, landlords and those who act for them, such every bit belongings managers. It does not use to:
- hospitals, group homes, schools, or other institutions;
- employees of the landlord who go housing for their piece of work and alive on the worksite;
- tenants who own or partly own the unit of measurement;
- units in a motel or hotel or where the landlord pays special tax on the room.
There are other exceptions to the law. If yous have questions, please call a lawyer.
Q. Do I need a lawyer if I accept a problem with my landlord?
Maybe. Offset you should endeavor to tell your landlord in writing almost the trouble. Be sure to keep a copy of whatever letters for your own records. If this does not assist, you may want to file a claim against him in Magistrate'south Court if the merits is under $7,500. If your claim is over $7,500, you will probably need the help of a lawyer to file in Circuit Court.
Q. Is there any limit to how much rent I can be charged?
There is no rent control in Southward Carolina unless you live in housing where your rent is based on your income.
Q. Does the police help me if I have been discriminated against in renting an apartment?
Not this particular law, but other laws exercise. If you experience you accept been discriminated against, yous should phone call the HUD Housing Discrimination Hotline, toll-free number is 1-800-669-9777. You can also look over Appleseed's brochures about Housing discrimination.
Your Agreement To Rent
Q. What should exist included in my rental agreement?
It should include the amount of rent to be paid, the date the rent is due, and the rules, rights and duties of both the tenant and the landlord.
Q. What should not be included in the rental agreement?
It is illegal to include whatsoever conditions which make you requite upward whatsoever of your rights under law.
Q. What are my rights if the landlord includes whatever illegal conditions?
The illegal condition(s) cannot be enforced. You may sue your landlord in court and get money damages and reasonable chaser'southward fees. Other parts of the lease may all the same be enforced. Merely considering one part of the lease is illegal doen not mean the entire lease is illegal.
Q. Can a lease be enforced without either the tenant's or the landlord's signature?
Yep, if the landlord gives the tenant a copy, the tenant moves into the unit and pays rent, and the landlord accepts the rent.
Q. Can the landlord make new rules after I move in?
Yeah.
Q. Does the law protect me against unfair rules?
Yes, considering:
- You lot must be told about the rules when y'all move in or when new rules are made;
- The rules must use to all tenants in the bounds and be reasonable, articulate, and fair; and
- The landlord can't utilize the rules to avoid his or her responsibilities nether the law.
Q. What if I don't like the new rules?
If y'all feel similar the new rules change your agreement a lot, you should write the landlord inside 30 days telling him or her that y'all object to the new rule.
Q. How much observe must be given before either the landlord or the tenant can end the lease?
If your lease is written, the amount of notice should be stated in it. If you have an oral understanding, either the landlord or the tenant may end the lease by giving notice to the other party. Proper notice is 7 days if you rent by the week or 30 days if yous rent past the calendar month. The notice must exist in writing.
Security Deposits
Q. What is a security eolith?
It is the tenant'due south coin or holding held by the landlord in instance in that location are amercement to the unit or the tenant doesn't pay the rent.
Q. How exercise I get my deposit dorsum when I move?
Inquire for your deposit back and give the landlord your new accost in writing. Keep a re-create for your records.
Q. How long does the landlord take to return the deposit?
The landlord has xxx days afterwards you move out or afterward you ask for it back, whichever is later.
Q. When can a landlord proceed my security deposit?
Your landlord must give y'all an itemized list for any amounts deducted from your security deposit. This includes accrued hire or damages to the unit, for instance.
Q. What happens to my security deposit if the landlord sells the place I am renting?
Yous however take a correct to become your security deposit back, when the rental agreement ends.
What Must The Tenant Do?
Q. What are my responsibilities as a tenant?
- Pay rent on the date it is due.
- Exercise not harm the landlord's property or disturb the other tenants.
- Practice your part to keep the unit safe and clean.
- Be responsible for your guests' actions.
Rent
Q. What is hire?
It is any payment for use of the rental unit. This payment includes late charges, merely not security deposits or any other charges.
Q. If I don't pay the rent, what can the landlord practice?
He must ship you a written demand giving you 5 days to pay the overdue rent. If the rent is not paid within these five days, the landlord tin go to the magistrate to bring a example confronting you and try to evict you.
Cheque your lease! Your landlord does not have to give you lot a written demand for the overdue rent if your lease says in big print that no additional find volition exist given across notice in the lease.
If you have a written rental understanding, your landlord only has to give you a written find for the overdue rent once during the menstruum.
Q. If I have not paid my rent, tin can the landlord take any of my belongings?
Only if the landlord goes to the magistrate and has yous served with a distress warrant allowing her to agree your belongings.
Some property cannot be taken. If you are served with a distress warrant, y'all should see a lawyer immediately.
Conduct
Q. My landlord wants to adios me because my children accept been leaving garbage outside the dumpster and he claims it is attracting rats. Can he do this?
Yes.
Q. Sometimes my friend comes over and creates a disturbance past kicking in the door, breaking windows, etc. Can I be forced to move out?
Maybe. It depends on how oftentimes this happens or how serious it is.
Q. I tin't beget to have my water turned on right now. Can I exist forced to move out?
Yes, because the plumbing will non piece of work, and it is illegal to live in unsanitary conditions.
Q. My landlord came in to set up my sink and left me a note that my house was a health hazard and unless I straightened information technology up he would evict me. Tin can he do this?
Not if your apartment was just messy. If your house is rat or roach infested because of how you proceed it, and then he can.
Complaints
Q. How do I brand a complaint?
Written discover tin be given at the place of business where the rental agreement was made or at any place where you pay your rent. Oral notice can as well be given, but it is improve to put the complaint in writing. The landlord should provide you the name of a person to contact if y'all have bug, such every bit a property management company. Always keep a copy or log of complaints yous have made.
Evictions
Q. Can my landlord adios me without going to courtroom?
No. Whatsoever other method, similar locking you out or turning off the utilities, is illegal. If the landlord tries to evict you in an illegal style, yous may be able to stay in the house and get damages and chaser'south fees from the landlord.
Q. If my landlord goes to court to evict me, what can I do?
If you are served with eviction papers or a Dominion to Show Crusade, y'all should get to a lawyer right away. You just have 10 days from the date you are served to reply to the eviction find. If yous do non answer, the magistrate will issue an order to put y'all out called an ejectment club.
Earlier yous go to court, recall of whatsoever defenses you might have. For example, if your landlord knew that your apartment was in bad shape before your rent was due and had fourth dimension to repair merely did non, you should tell the judge. The magistrate may let you stay if you tin show that your apartment is not worth the rent the landlord wants for it. You would then pay what information technology is worth.
Q. Can my landlord evict me for lament nearly the condition of my flat?
No. Information technology is illegal for a landlord to try to get even with y'all for complaining.
Q. Can the landlord adios me if I've been accused of a law-breaking?
No, they must prove you lot committed the offense.
Q. Tin the landlord evict me if I am criminally convicted for breaking the law in my home?
Probably. You cannot use your dwelling house for illegal activities, and you cannot allow your family unit or anyone else to use it for illegal purposes.
What Must The Landlord Practise?
Q. What are the landlord's duties?
The landlord cannot interfere with your utilise of the property. The landlord must make all of the repairs and keep the unit in a livable condition. If you lot live in an flat building, the landlord also has to keep all common areas, like stairs, hallways, yards and the parking lot, in a safe condition.
Q. Can the landlord refuse to make repairs if I'1000 late or behind in paying rent?
No, the landlord must follow the law and state and local building and housing codes. These codes generally require the property be kept in good shape.
Q. Practice I have to prepare the landlord's furnace or plumbing?
No, the landlord must brand oestrus and running hot and common cold water available and must keep electrical plugs, plumbing, ventilation, and appliances in safe, working order.
Q. What if the landlord's appliances, like the stove or air conditioner, don't work?
The landlord must keep all appliances that came with the unit in reasonably good and safe working order.
Q. Are there any exceptions to the landlord'southward duties?
Yes. Yous and your landlord can hold in writing for you to fix certain things in the unit equally long as the landlord is not trying to avoid making repairs he has to make under the law.
Q. How can I become the landlord to make repairs if I can't contact her?
When y'all agree to hire the unit, the landlord must give yous in writing the proper name of a person to contact if you have issues with the unit.
Q. If the landlord won't brand repairs and I desire to move, what should I do?
Give your landlord written notice of the issues and warn him that if the problems are not stock-still in 14 days or within a reasonable time, y'all will move. If the landlord still does not brand repairs, you tin move and will no longer owe him any more than rent. He must still render your security deposit if there are no reasons to agree it.
Q. If the landlord won't brand repairs and I can't motion, what should I do?
You can take your landlord to court and inquire a gauge to order your landlord to make the needed repairs. You tin can talk with a lawyer about doing this for you.
Q. What if I desire to stay but my landlord says they tin can't brand the repairs unless I move?
Yous can get to court and ask for money damages caused by your having to move because the landlord will not repair. These damages tin can be things such as moving costs and higher hire at another apartment. The approximate will decide if you get the money amercement.
Q. What tin the landlord practise if I damage his property?
The landlord can send you written discover that the damage must be repaired inside 14 days. If you do not have the repairs made within fourteen days, the landlord may enter the apartment and brand the repairs. The landlord may besides get to court to adios you.
Q. Does the landlord accept a correct to come up into my abode whenever they desire?
No. In nigh cases, they must give you 24 hours notice before entering your apartment.
Q. What if at that place is an emergency in the firm?
IF in that location is an emergency, such as a fire or broken pipes, then the landlord may enter without your permission.
Revised October 2012
Copyright retained by Southward Carolina Appleseed Legal Justice Eye. For permission to reproduce this brochure contact SC Appleseed P.O. Box 7187 Columbia, SC 29202
Source: https://www.scjustice.org/brochure/landlord-tenant-law-south-carolina/
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