Q: Can a realty company legally increase rent despite unaddressed repair issues?
I am a 68-year-old resident living in a mobile home in Campobello, South Carolina. My roommate is in a wheelchair, and we've been facing several unaddressed repair issues like lack of underpinning, a sinking kitchen floor, black mold on the ceiling, and a power box with uncovered live wires. Despite notifying the previous management, no repairs have been made except for one thing over the past year.
Recently, a new realty company took over and sent my roommate a letter indicating that the rent would increase by $200 starting in May, raising it from $400 to $600 per month. My roommate has lived here for three years, with me joining a year ago, and he says there is a lease agreement, although I haven't seen it myself. Given these circumstances, do we have any legal recourse to address the rent increase and compel necessary repairs?
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A:
In South Carolina, landlords are required to maintain rental properties in habitable condition, meaning they must address serious repair issues like mold, live wires, and a sinking floor. If these issues have been reported and remain unaddressed, you may have grounds to challenge the rent increase or even withhold rent until the repairs are made. It’s important to document all repair requests and communications with the management, as this will support your case.
Regarding the rent increase, South Carolina law allows landlords to increase rent, but they must comply with the terms of the lease agreement. If the lease doesn’t clearly outline rent increases or doesn’t specify how such changes can occur, you may be able to negotiate or contest the increase based on the unaddressed maintenance issues.
If the landlord refuses to make repairs or continues with the rent increase despite poor living conditions, you can file a complaint with local housing authorities or seek legal advice. You may also consider withholding rent or taking further legal action if the conditions don’t improve.
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