Can My Landlord Tell Me To Clean My Bathroom

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Introduction

Q. What is the S Carolina Residential Landlord-Tenant Act?

It is a police passed in 1986 that protects Southward Carolina house, apartment, and room renters and their landlords. If you live in authorities-assisted housing, this law protects you lot. You may also have additional protections under federal law.

Q. I don't have a written lease. Does the landlord tenant act still employ to me?

Yes. This law applies whether or non you accept a written lease. Both oral and written agreements to rent are considered valid leases. The charter must be fair, honest, and reasonable to both the landlord and tenant.

Q. Does the law apply to me?

Information technology applies to all renters, roomers, landlords and those who act for them, such as property managers. Information technology does not apply to:

hospitals, grouping homes, schools, or other institutions;
employees of the landlord who get housing for their work and live on the worksite;
tenants who own or partly own the unit;
units in a motel or hotel or where the landlord pays special tax on the room.

There are other exceptions to the law. If you have questions, delight telephone call a lawyer.

Q. Do I need a lawyer if I have a trouble with my landlord?

Maybe. Kickoff you lot should try to tell your landlord in writing about the problem. Be sure to keep a copy of any letters for your own records. If this does non assist, you may want to file a claim against him in Magistrate's Courtroom if the claim is under $7,500. If your merits is over $7,500, you volition probably demand the assistance of a lawyer to file in Circuit Court.

Q. Is there any limit to how much hire I tin can be charged?

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

Q. Does the law help me if I have been discriminated confronting in renting an apartment?

Non this detail police force, simply other laws do. If you feel you have been discriminated against, you lot should call the HUD Housing Bigotry Hotline, toll-free number is ane-800-669-9777. You can also look over Appleseed's brochures almost Housing discrimination.

Your Agreement To Rent

Q. What should be included in my rental agreement?

It should include the corporeality 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 up any of your rights nether law.

Q. What are my rights if the landlord includes any illegal conditions?

The illegal condition(south) cannot exist enforced. You may sue your landlord in courtroom and get coin damages and reasonable chaser's fees. Other parts of the lease may still be enforced. Merely considering one part of the lease is illegal doen not hateful the unabridged charter is illegal.

Q. Can a lease be enforced without either the tenant's or the landlord's signature?

Yes, 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 movement in?

Yeah.

Q. Does the police force protect me against unfair rules?

Yeah, considering:

You must exist told about the rules when you move in or when new rules are made;
The rules must apply to all tenants in the premises and exist reasonable, clear, and fair; and
The landlord can't use the rules to avoid his or her responsibilities under the police force.

Q. What if I don't like the new rules?

If you feel similar the new rules change your understanding a lot, you should write the landlord inside thirty days telling him or her that you lot object to the new dominion.

Q. How much notice must be given before either the landlord or the tenant tin can terminate the charter?

If your lease 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 lease by giving notice to the other party. Proper notice is 7 days if you rent by the calendar week or 30 days if you lot rent by the month. The notice must exist in writing.

Security Deposits

Q. What is a security eolith?

Information technology is the tenant'southward coin or belongings held by the landlord in case there are damages to the unit or the tenant doesn't pay the rent.

Q. How practice I become my deposit back when I movement?

Enquire for your deposit back and requite the landlord your new address in writing. Go on a copy for your records.

Q. How long does the landlord have to return the eolith?

The landlord has 30 days after you motion out or afterward you inquire for it dorsum, whichever is later.

Q. When tin a landlord proceed my security deposit?

Your landlord must give you an itemized list for whatsoever amounts deducted from your security deposit. This includes accrued rent or amercement to the unit, for case.

Q. What happens to my security deposit if the landlord sells the place I am renting?

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

What Must The Tenant Do?

Q. What are my responsibilities every bit a tenant?

Pay rent on the date information technology is due.
Exercise not harm the landlord'due south holding or disturb the other tenants.
Exercise your part to go on the unit of measurement safe and clean.
Exist responsible for your guests' actions.

Rent

Q. What is hire?

It is any payment for employ of the rental unit of measurement. This payment includes belatedly charges, but non security deposits or any other charges.

Q. If I don't pay the rent, what tin can the landlord practice?

He must ship you lot a written demand giving yous five days to pay the overdue rent. If the hire is non paid within these five days, the landlord can go to the magistrate to bring a instance confronting you lot and attempt to adios you.

Check your charter! Your landlord does not have to give you a written demand for the overdue rent if your charter says in big print that no additional notice will exist given beyond notice in the lease.

If you have a written rental understanding, your landlord only has to give you a written notice for the overdue rent once during the period.

Q. If I accept non paid my hire, can the landlord take whatsoever of my property?

Only if the landlord goes to the magistrate and has you served with a distress warrant allowing her to concur your property.

Some property cannot be taken. If you lot are served with a distress warrant, you lot should run into a lawyer immediately.

Conduct

Q. My landlord wants to evict me considering my children have 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. Tin can I exist forced to move out?

Perchance. It depends on how often this happens or how serious information technology is.

Q. I can't afford to have my water turned on right at present. Tin can I be forced to move out?

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

Q. My landlord came in to fix 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. Can he exercise this?

Not if your flat was only messy. If your house is rat or roach infested because of how you proceed it, then he can.

Complaints

Q. How exercise I brand a complaint?

Written discover can be given at the place of business where the rental agreement was fabricated or at any place where y'all pay your hire. Oral notice can also be given, but information technology is better to put the complaint in writing. The landlord should provide you the name of a person to contact if you lot accept problems, such every bit a property management company. Always keep a copy or log of complaints y'all have made.

Evictions

Q. Can my landlord adios me without going to court?

No. Whatsoever other method, like locking you out or turning off the utilities, is illegal. If the landlord tries to evict you in an illegal manner, you may exist able to stay in the firm and go damages and attorney'due south fees from the landlord.

Q. If my landlord goes to courtroom to adios me, what can I do?

If you are served with eviction papers or a Dominion to Show Cause, you lot should go to a lawyer right away. You lot only have 10 days from the appointment you are served to respond to the eviction notice. If you lot do not respond, the magistrate volition issue an order to put yous out chosen an ejectment order.

Before you go to court, think of any defenses you might have. For example, if your landlord knew that your apartment was in bad shape earlier your hire was due and had time to repair simply did non, you lot should tell the judge. The magistrate may let you stay if you lot can show that your flat is not worth the hire the landlord wants for it. You would then pay what it is worth.

Q. Can my landlord adios me for lament about the condition of my apartment?

No. It is illegal for a landlord to try to become even with you for lament.

Q. Tin the landlord adios me if I've been accused of a criminal offence?

No, they must prove you committed the crime.

Q. Tin the landlord evict me if I am criminally convicted for breaking the law in my home?

Probably. You cannot apply your habitation for illegal activities, and you lot 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 apply of the property. The landlord must make all of the repairs and continue the unit in a livable condition. If you lot live in an apartment building, the landlord also has to keep all common areas, like stairs, hallways, yards and the parking lot, in a safe condition.

Q. Tin the landlord refuse to brand repairs if I'm late or backside 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. Do I have to fix the landlord's furnace or plumbing?

No, the landlord must make heat and running hot and cold water bachelor and must keep electrical plugs, plumbing, ventilation, and appliances in rubber, 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 of measurement in reasonably good and safe working society.

Q. Are there any exceptions to the landlord's duties?

Yes. You and your landlord can agree in writing for you lot to ready sure things in the unit every bit long as the landlord is not trying to avoid making repairs he has to brand under the law.

Q. How can I get the landlord to make repairs if I tin can't contact her?

When you agree to rent the unit, the landlord must give you in writing the name of a person to contact if you have problems with the unit.

Q. If the landlord won't make repairs and I want to move, what should I do?

Give your landlord written notice of the problems and warn him that if the problems are not fixed in fourteen days or within a reasonable time, you volition move. If the landlord still does not make repairs, you can motility and will no longer owe him any more than rent. He must however return your security eolith if there are no reasons to hold information technology.

Q. If the landlord won't brand repairs and I can't move, what should I practice?

Y'all can take your landlord to courtroom and ask a judge 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 want to stay only my landlord says they can't make the repairs unless I move?

You tin can go to court and ask for money damages caused by your having to move because the landlord will not repair. These amercement can be things such equally moving costs and college rent at some other flat. The judge will determine if you become the money damages.

Q. What tin can the landlord practise if I impairment his property?

The landlord can send you written notice that the damage must be repaired within 14 days. If yous do not take the repairs made within 14 days, the landlord may enter the flat and make the repairs. The landlord may besides go to courtroom to evict you.

Q. Does the landlord take a right to come into my home whenever they want?

No. In most cases, they must give y'all 24 hours detect before entering your apartment.

Q. What if in that location is an emergency in the firm?

IF there is an emergency, such every bit a fire or broken pipes, and then the landlord may enter without your permission.