South Carolina

South Carolina Residential Landlord Tenant Act

Repairs and Maintenance

Repairs and Maintenance to rental property can be dealt with in the lease agreement.  

If the lease agreement fails to state who is responsible for repairs and maintenance, ask beforehand.  For instance, “Who is going to take care of the stove if it breaks down?  How about the air conditioner?” Because this is a very significant subject, the South Carolina Residential Landlord Tenant Act addresses this area very thoroughly.  In short, the landlord is required to comply with the rental agreement concerning repairs and or maintenance if the obligation is the landlordsGet Freeshipping on order $25 at myotcstore.com. Coupon: FREESHIP25

Additionally, the landlord is required under South Carolina law to make repairs or perform maintenance to anything that materially affects the health and safety or physical condition of the property.  The key to this provision is “materially.”  

If it is 101 degrees outside and the property has an air conditioning unit that is not working, that is a material defect.  However, if a kitchen drawer gets stuck and is hard to pull out, that is not a material defect.  In this regard, it may be best to consult with an attorney to see if it is a material defect. 

If a material defect that affects the health and safety or physical condition of the property arises, you can put the landlord on notice in compliance with the South Carolina Residential Landlord Tenant ActGet Free Shipping on Health & Beauty Orders Over $25. * Exclusive for first time shoppers.

that unless the material defect has been repaired or repairs have been substantial commenced within 14 days, you intend to terminate the lease pursuant to law and your legal right under the South Carolina Residential Landlord Tenant Act.  

Unilaterally terminating your lease is a DRASTIC move and you need to be sure that you are correct and on firm legal ground in doing so beforehand.  Please consult with an attorney before you take such action because if you do this and you are wrong, the landlord may sue you for being in violation of and breaking the lease agreement and seek to recover damages in the amount of unpaid rent for the remainder of your lease term. There is a duty on the part of the landlord to mitigate his damages for unpaid rent but that is another legal matter.  

I strongly advise against taking this action without first consulting with an attorney for legal advice.

Security Deposits

A security deposit is just that – security that you will (1) comply with the terms of the lease agreement in full, and (2) money that is held in reserve for repairs to damages beyond that considered to be “normal wear and tear.”  Security deposits are not pre-paid rent.  A security deposit is not your last month’s rent.  If it was, it would be called pre-paid last month’s rent.  If you fail to comply with your lease terms or damage the property beyond “normal wear and tear,” this money is used to make repairs to the damage.

When you vacate the premises, make a written demand for the return of your security deposit.  You must also provide the landlord with your new address where he can send mail to you.  This is required under the South Carolina Residential Landlord Tenant Act to afford you with certain legal rights pertaining to security deposits.  So you have made your demand for the return of your security deposit, what happens next?

Before a landlord can lawfully retain any or all of your security deposit, he must inform you, in writing, of the reason(s) for which he is doing so, specifically stating each damaged item and the cost for repair.  He must send such an itemized list to the new address you provided to him. 

New From Dr. Sears! Primal Surge - All You Need for Instant On-The-Go EnergyIf the landlord fails to provide you with such an itemized list within 30 days, you can file an action in court seeking the recovery of 3 times the amount of your security deposit, plus reasonable attorney fees and costs.  If the landlord provides you with an itemized list of damages and intends on retaining all or a portion of your security deposit, you have the right to challenge that in a court of law as well.   

LEGAL DISCLAIMER
As with all pages on this website, the information contained herein is general information and should not be construed as or be considered to be legal advice or creating any type of an attorney client relationship.  

I encourage you to seek independent legal advice pertaining to your particular matter.anthonyplante.com