When a person wants to rent an apartment or some other type of dwelling the person, called the tenant, enters into an agreement with the owner of the property, the landlord, outlining the terms and conditions of the rental of the property. Such an agreement is called a lease, and a lease may be one of two types, an oral lease or a written lease.
Under an oral lease, the landlord tells the tenant that he will rent property to the tenant for a certain amount of money each month and tenant agrees to pay it. Under an oral Lease, the property is usually rented on a monthly basis and can be ended by either party for whatever reason. To be enforceable, a lease for a period of more than one year must normally be in writing.
The other type of lease agreement is the written Lease. The written lease spells out in more detail the responsibilities of the landlord and the tenant. Usually thelLease will include the amount of the rent, how many months or years the lease will last and other matters. Basically, a lease, whether it is oral or written, is a contract between the parties.
No particular form of words is necessary to create a lease. The lease usually has at least the names of the parties, a description of the rental property involved, the amount of the rent to be paid, and the length of the term.
A written lease can be as simple or as detailed as the parties desire. Before signing a lease, a tenant should read it and understand it. Unless there is fraud or a deception or a mutual mistake, a tenant who signs a Lease is normally presumed to have understood it.
When you have an oral lease on a month-to-month basis, it may be ended at the end of the 30-day period. However, under a written lease, the lease ends at the time stated in the lease unless either the landlord or the tenant violates the terms of the lease, making the lease end. A written Lease usually lists certain items which will cause the lease to end. A lease may be ended earlier by joint agreement of the landlord and the tenant.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
This information outlines the general rights and duties of the tenant in leasing of a home or apartment under the South Carolina Landlord-Tenant Act. You will need to consult a lawyer for specific problems, and there are some exceptions to the general rules that simply cannot be covered in this brief information.
The terms of your lease will control many of the duties and rights of the tenant and landlord. At the same time, South Carolina has enacted a Landlord-Tenant Law that applies to almost all residential leases and the terms of this law also control your rights and duties as a tenant. For example, the law places an obligation of good faith upon both parties.
Under the Residential Landlord-Tenant Act, a tenant may bring an action against the landlord for recovery of damages or to obtain legal relief for any violations by the Landlord. These remedies will be discussed later.
A tenant is responsible for paying rent on time. In addition, the statute requires that a tenant be responsible for the following:
- Keeping the rental unit reasonably safe and clean,
- Disposing of his or her garbage and other wastes in a safe manner,
- Keeping all plumbing fixtures used by the tenant clean
- Using all electrical, plumbing, heating, air-conditioning and other appliances in a safe manner
- Not deliberately destroying or damaging the rental unit or allowing any guest or family member to do so
- Not disturbing other tenants
- Complying with the rental unit's reasonable rules and regulations which are for the purposes of safety, welfare and convenience of services for the tenants.
Additionally, a tenant shall not unreasonably prevent the landlord from entering the rental unit with prospective buyers or tenants, workers, lenders or contractors. However, the statute also contains very specific rules about when a landlord has access to the apartment.
The Landlord-Tenant Act grants a tenant some legal remedies when the landlord violates the law or the lease. These legal remedies may include moving out after giving the landlord proper notice and recovering money damages.
If there is a serious violation of the lease by the landlord or if the landlord fails to keep the rental unit healthy and safe a tenant may end the lease by giving the landlord written notice. The written notice must say what the violations are and give 14 days from the date the landlord receives the notice to fix or try to fix the violations. A tenant may also go to magistrate court or circuit court to recover actual damages and obtain other legal relief when appropriate.
Similarly, a tenant who provides written notice to the landlord has certain legal remedies available for unlawful eviction, for the landlord's failure to make repairs, for the landlord's failure to allow a tenant possession of the rental unit and for the landlord's willful interruption of, or failure to, provide essential services such as heat and water.
Depending on the tenant's claim, these remedies may include ending the lease, making the landlord fix the problem or recovering actual money damages sustained by a tenant. Under no circumstances is the tenant authorized to make repairs on the rental property and deduct the cost of the repairs from the rent, unless expressly authorized by the landlord to do so.
At the end of the lease, the tenant must give the landlord in writing a forwarding address where the landlord can send the tenant's security deposit. The landlord may keep some or all of the security deposit to pay unpaid rent, damage to the rental property caused by the tenant's failure to maintain the unit and other damages. If the landlord keeps some of the security deposit, the landlord must give written itemized notice of the reasons for the deductions, including any balance owed, within thirty days after the end of the lease or after the tenant moved out, whichever is later. The tenant may recover money damages if the landlord fails to return any prepaid rent or security deposit if the tenant gives proper notice.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
This information outlines the rights and duties of the landlord in the leasing of residential property under the South Carolina Landlord-Tenant Act.
The terms of the rental agreement, or lease, will control many of the duties and rights of the landlord and tenant. At the same time, the State of South Carolina has enacted a general statute, the South Carolina Landlord-Tenant Act that also places certain duties and grants certain rights to residential landlords, no matter what the terms of the lease may say. For example, the law places an obligation of good faith upon both parties. The law requires the landlord to comply with building and housing codes materially affecting health and safety. The landlord must make all repairs and do whatever is reasonably necessary to put and keep the rental unit in a fit and livable condition. The landlord must keep all common areas, such as hallways and stairwells, in a reasonably safe condition, and if the rented premises contain more than 4 dwelling units, the landlord must keep the common area reasonably clean. The landlord must provide running water, reasonable amounts of hot water and reasonable heat, unless 1) the building is not required by law to be equipped for that purpose, or 2) where the unit is equipped with appliances that generate heat and hot water and these appliances are within the exclusive control of the tenant. Finally, the landlord must keep in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances supplied, or required to be supplied by him. The landlord and tenant may agree in writing for these duties to be performed by the tenant if that agreement is entered into in good faith. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded in the lease.
The landlord has the right to enter the dwelling unit with the consent of the tenant to inspect, make repairs, alterations, improvements, supply necessary or agreed services or show the premises to purchasers, lenders, prospective tenants, workmen or contractors. The tenant cannot unreasonably prevent the landlord from entering for these purposes. The landlord or his agent may enter the rental unit without the consent of the tenant in case of emergency including change in weather conditions which would pose a likelihood of danger to the property. Also, after announcing his plan to enter the premises 24 hours in advance, the landlord may enter without the consent of the tenant between the hours of 9 a.m. and 6 p.m. for the purpose of providing regularly scheduled periodic services which are described in the lease. The landlord or agent may enter between the hours of 8 a.m. and 8 p.m. for the purpose of providing services requested by the tenant.
At the end of the lease, the landlord may apply property or money held as a security deposit to the payment of rent which is due and to damages to the premises. Any deduction from the security deposit must be itemized by the landlord and mailed to the tenant at an address provided by the tenant.
At the time the lease is signed or before, the landlord or his agent must notify the tenant in writing, of the name and address of the owner of the premises or a person authorized to act as agent for the owner. This information must be kept current during the term of the lease.
For information about the landlord's grounds for terminating a lease, read Eviction.
If the tenant violates the terms of the lease, or fails to maintain the rental unit, the landlord may recover actual damages and obtain other legal relief, when appropriate. The landlord also may recover attorney's fees if the tenant's violation of the lease is willful or if the failure to pay rent is in bad faith.
If the tenant is absent from a rental unit without explanation for a period of 15 days after nonpayment of rent, the rental unit is considered abandoned. If the landlord tries but cannot notify the tenant, the landlord may enter the dwelling unit and dispose of property found therein having a value of less than $500.
During any action for eviction where the tenant has raised a defense, the tenant must pay rent. If the amount of rent is in dispute, the court will hold a hearing to decide how much is owed. On appeal, the tenant may sign an agreement that he will pay the rent as it becomes due after judgment.
The landlord may, from time to time, adopt rules or regulations concerning the tenant's use and occupancy of the rental unit. The purpose of these rules and regulations is for the convenience, safety or welfare of the tenant, to preserve the landlord's property from abusive use or to make fair delivery of services and access to facilities for tenants. The rules and regulations must apply to all tenants in the rented premises in a fair manner and notice of these rules and regulations must be given to each tenant when he enters into a lease or when the rules are adopted.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
A magistrate may sit as a judge of a landlord-tenant court. This discussion will concentrate on rental agreements for a personal residence such as an apartment or single family home as opposed to rental of a business.
The South Carolina Residential Landlord Tenant Act applies to a rental agreement for a personal residence.
The great majority of landlord tenant disputes have to do with the nonpayment of rent or failure by a tenant or a landlord to maintain the rental unit.
Failure by a landlord or a tenant to comply with the rental agreement or any provisions of the South Carolina Residential Landlord Tenant Act, gives the landlord or tenant a right to file a claim with the magistrate's court. Personnel in the magistrate's court will explain the procedure you must follow.
The Residential Landlord Tenant Act specifically sets out the obligations of the landlord and the tenant in reference to security deposits, maintenance of the rental premises, the right to enter the rental unit, the obligation to provide essential services to the tenant, as well as other points.
A landlord or a tenant may be able to recover money damages and in some instances attorney fees in the event of a violation of the rental agreement or the Landlord-Tenant Act.
After a lease has been terminated, if the tenant refuses to move out, then the landlord may seek an Order of eviction in Magistrates Court. The tenant is entitled to a notice of the proceedings and a hearing. The Magistrate will issue a written Order requiring the tenant to immediately move out or to explain to the Magistrate within 10 days after service of the Order upon the tenant, why he should not be evicted. If no one can be found in possession of the rental unit for a period of 15 days or more, a copy of the Order may be served by posting it on the most obvious part of the premises.
If the tenant notifies the Magistrate that he contests the ejectment, a hearing will be held and the tenant is entitled to a trial by jury, if he requests it. If the verdict is for the landlord, the Magistrate will issue an Order of ejectment within 5 days, and the tenant shall be ejected by a Deputy Sheriff of the County. The Deputy Sheriff who carries out the Order of ejectment, presents a copy of the Order to the tenant, and gives the tenant an opportunity to vacate voluntarily. If the tenant refuses to vacate or the premises appear unoccupied, the Deputy Sheriff, if necessary, may then enter the rental unit by force, using the least destructive means possible, in order to eject the tenant. The Deputy Sheriff may use discretion in delaying the removal of ill or elderly tenants.
If the landlord knowingly makes an unlawful entry into the tenant's dwelling unit, or repeated lawful entries in an unreasonable manner, or makes repeated demands for entry and thereby harasses the tenant, the tenant may seek an order against the landlord in Magistrates or Circuit Court to prevent the conduct from continuing, or to terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees.
If the landlord unlawfully removes or prohibits the tenant from occupying the dwelling unit, or willfully causes interruption of essential services, such as water, electricity and heating, then the tenant can go to Magistrates Court to require the landlord to give him possession, or the tenant may terminate the rental agreement and, in either case, recover an amount equal to three months rent or twice the actual damages suffered by him, whichever is greater, plus reasonable attorney's fees. If the rental agreement is terminated, the tenant is also entitled to the return of his security deposit.
Employees of the Magistrate's Court will help you file your claim in writing and will explain how your case proceeds through trial.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
This information outlines when and how a landlord may evict a tenant, and it will also discuss a tenant's remedies for unlawful eviction. Most of the law on this subject is set forth in the South Carolina Residential Landlord and Tenant Act, which will be referred to as the "Landlord and Tenant Act", and may not apply to commercial or business leases.
Generally, a landlord may evict a tenant and take possession of the rental unit for any one of the following reasons:
1. Nonpayment of rent
If rent is not paid when due, the landlord may end the rental agreement and start eviction proceedings if the landlord has given 5 days written notice, and the rent is not paid within that time. However, the landlord only has to give written notice that the rent is past due one time during the lease term.
The Landlord does not have to give this written notice if the rental agreement, or lease, is in writing and it says very clearly that no written notice will be given if rent is past due.
2. Breach of the terms of the rental agreement (verbal or written)
If the tenant fails to live by terms of the rental agreement, other than the requirement to pay rent, the landlord may terminate the rental agreement and begin eviction proceedings. The landlord must give written notice specifying what the tenant did that violated the rental agreement. If the tenant does not remedy or live by the terms of the rental agreement within 14 days after receiving written notice, eviction can begin. If compliance or remedy cannot be completed within 14 days, but is begun within that period and is finished in good faith within a reasonable time, the rental agreement cannot be terminated.
3. Failure of tenant to maintain the dwelling unit in a healthy and safe manner
The landlord may terminate the rental agreement and begin eviction proceedings if the tenant does not properly take care of the dwelling unit, as required by the Landlord and Tenant Act, and endangers health and safety. The tenant must comply as quickly as conditions require, in case of emergency.
If it is not an emergency, the tenant must comply within 14 days after written notice by the landlord specifying what the tenant is doing wrong and requesting that the tenant fix the problems within that period of time. If this is not done, the landlord may end the rental agreement and begin eviction proceedings.
4. Abandonment of the rental unit by the tenant
The landlord can take possession of a rental unit if there is an unexplained absence of a tenant from a dwelling unit for a period of 15 days after the rent was due and not paid. This is considered as abandonment, and the landlord can take possession. This is not considered an eviction. The rental agreement may be considered ended, or the landlord may consider the rental agreement to still be in effect, in which case the landlord must try to rent the dwelling unit at a fair price. If it is rented before the end of the rental agreement, the tenant's responsibility under the rental agreement ends when the new rental agreement is effective.
5. When the lease term has ended
When the lease term of the rental agreement has ended, and the tenant refuses to move out, the landlord may bring an action in court to evict the tenant.
Where there is no definite term in a rental agreement, the landlord may end the rental agreement. If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out.
After the rental agreement is terminated for any of the reasons described, the landlord has a right to possession of the rental unit and rent. The Landlord may bring a separate claim for damages for breach of the rental agreement, and can ask the court to make the tenant pay reasonable attorney's fees.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. at (803) 799-7100.