South Carolina Tenant Information-Renters Rights

 

While the laws governing landlord and tenant relationships vary from state to state, there are general rights and obligations for those entering into lease agreements common to all states. Because landlord-tenant conflicts are relatively common, knowing the respective rights and obligations can help prevent or mitigate differences. Landlords and tenants typically enter into contractual agreements (otherwise called the lease), so it is important that all rights and obligations be clearly defined and agreed upon during the contract-signing stage of a landlord-tenant relationship.

In most cases, tenants have signed a contract to live on a landlord’s premises. Thus, certain general obligations come with such a contract. These obligations include but are not limited to:

  • Paying rent in full and on time every month as agreed.
  • Paying any late fees and bounced check fees as defined in the contract, when necessary.
  • Disposing of garbage in an appropriate and timely fashion.
  • Maintaining the property in a reasonable way and making every effort not to damage the property willfully or negligently.
  • Not taking on additional tenants or subletting without the express consent of the landlord.
  • Not creating a disturbance or safety hazard for other residents living in the building.

 

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General Tenant Rights

Along with the obligations above, tenants have general rights, which may vary between states and depending on the lease agreement. These rights can include:

  • The right to exclude the landlord from entering the property except for times agreed upon in writing in advance.
  • The right to have the security deposit returned at lease-end, minus any expenses arising from damage or unpaid rents.
  • The right to have the property maintained and appliances repaired in a timely fashion.
  • The right not to be discriminated against during the rental or tenancy phases.
  • The right to be informed in writing of any changes to the contract or landlord-tenant arrangements.
  • The right not to be evicted without proper notice.

 

General Landlord Obligations

Meanwhile, leases often contain obligations on the landlord. When renting to a tenant, a landlord typically agrees to:

  • Maintain the property.
  • Make and/or pay for necessary repairs.
  • Provide notifications in writing when the property is being transferred to a new owner, or when other changes are made that potentially affect the tenant.
  • Refrain from turning off utilities in an effort to get unpaid rent or otherwise affect a tenant.
  • Ensure the premises remain safe and deal with other tenants who are causing a problem or who are violating the terms and conditions of their lease.

 

General Landlord Rights

In addition to the above obligations, landlords typically retain the following rights:

  • To receive rents as agreed.
  • To inspect the property during specific hours and under certain circumstances.
  • To increase the rent within a legally prescribed period of time.
  • To have the property kept free from damage, subletting, excessive noise, disruption to other tenants, etc.

 

Getting Help Enforcing Your Tenant Rights

If you are a tenant and you find yourself having problems within your apartment building, or if you believe your rights as a tenant have been violated, then you should contact an experienced landlord tenant attorney in your state. Your lawyer can help you enforce your tenant rights under the law and can help you make sure your living conditions remain safe and hospitable by holding your landlord to his or her obligations under the lease.

 

CAUSE FOR EVICTION

Before a landlord can initiate formal eviction procedures against a tenant, the tenant must have done some act that justifies the eviction proceedings. In South Carolina, cause for an eviction exists in the following circumstances: (1) the tenant has failed to pay rent; (2) the tenant has breached a material provision in the rental agreement; (3) the tenant has failed to maintain the rental unit in a safe and sanitary manner; (4) the tenant has abandoned the rental unit prior to the expiration of the lease; and (5) the tenant has remained in the rental unit beyond the expiration of the lease. If one of these causes exists, the landlord may initiate formal eviction procedures against the tenant. The eviction procedures can seek rent owed, possession of the rental unit or both rent and possession.

NOTICE MUST BE GIVEN

The landlord must provide the tenant with notice of his or her intent to initiate formal eviction proceedings. The notice must state the grounds for eviction and must allow the tenant a reasonable time to respond. For example, if the tenant has not paid the rent, which is the most common ground for eviction, the landlord must give the tenant notice of his or her intent to evict the tenant for failure to pay rent. After notice is given, the landlord must wait five days before proceeding further. During those five days, the tenant may pay the unpaid rent. If the tenant pays the rent within this time frame, the eviction proceedings cannot continue. If, after the five days have passed, no rent has been paid, the landlord may proceed to the next step.

FILING EJECTMENT ACTION

After notice has been given and the tenant has failed to cure the reason for the eviction proceedings, the landlord may file an ejectment action in the magistrate court of the county where the rental unit is located. The landlord must provide the court with an affidavit stating the reasons for the action. A filing fee must also be paid; the fees differ from county to county. The court will then schedule a hearing date and issue the landlord an Order to Show Cause. The Order to Show Cause must be served on the tenant. Upon service of this order, the tenant is required to appear at the magistrate court and show cause as to why the landlord should not be entitled to either the rent or possession of the property. If the tenant cannot show cause, the landlord should move for the court to issue a Writ of Ejectment.

WRIT OF EJECTMENT

The Writ of Ejectment is the formal order by the court stating that the landlord is entitled to possession of the property. Upon its issuance, the tenant has 24 hours to vacate the property voluntarily. If the tenant does not vacate the property voluntarily, the landlord is entitled to forcibly remove the tenant and the tenant’s possessions under supervision of the county constable.

If the landlord has to forcibly remove the tenant, the landlord is responsible for properly removing the tenant’s property; the court will not assist the landlord in doing so. Therefore, the landlord must provide all the labor and help necessary to remove the property and must set the property out by the side of the road or near the dumpster to be removed by the tenant or the municipal trash authority in South Carolina.

After executing the Writ of Ejectment, the tenant is no longer allowed to be on the property and the landlord is entitled to rent the property out to a new tenant.

 

Legal information from South Carolina’s Code of State Laws  http://www.scstatehouse.gov/code/t27c037.php

 

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Nationalevictions.com is for people who are renting or seeking to rent housing. Our site is for Eviction Information Purposes only, Not Intended to replace your Attorney or any Legal Advice. The reader should always remember your legal responsibilities. After all, you may unknowingly jeopardize your rights by not fulfilling your legal rights as a Tenant or Landlord.

Many of the Chapters and Articles are interrelated. This not intended to be an all-inclusive overview, or the best advice in every situation. Please Consult a Lawyer for your Rights and Protection as to the laws of your State. This information is not meant to be a substitute for the advice of an Attorney.