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South Carolina Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: Is an eviction notice, that gives us 5 days to leave that IS NOT signed by a judge or anything legal?

Mother in law asked my husband and I and our 3 kids to move in and help her pay mortgage when her mother died! The home WAS NOT left to her in a will, she lived here with her mother for a few years until her mother died, and she just kind of "took over"! We moved in alittle over a year... Read more »

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I pay my rent will the evicted still be progress
Ryan D Templeton
Ryan D Templeton
answered on Mar 18, 2021

You need to speak with your landlord. If at anytime you were in violation of the lease and your landlord complied with the SC landlord tenant act you can be evicted even if you have since caught up on your rent. Make sure to talk to your landlord and get something in writing that they will dismiss... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is there someone who can help my son and I? Over 14,000 count of toxic black mold was found in our apartment.

A month after moving in my apartment, there was a faulty leak caused by building contractors, causing cracks through my kitchen ceiling, almost caving in on us and resulted in a widespread of mold. This year again over 14,000 count of toxic black mold has returned. I've done everything... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2020

A South Carolina attorney could answer best, but your question remains open for two weeks. I'm sorry for your heartbreaking and stressful situation. Unfortunately, as you've already learned on your own, mold cases can be difficult to find representation for. Many injury law firms do not... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for South Carolina on
Q: My landlord emailed me my lease on 10/15/20 but there is not dates on the lease. it states it’s a 12 month lease. valid?
Ryan Schmidt
Ryan Schmidt
answered on Nov 2, 2020

Generally speaking, if both parties signed it and there is other evidence available of when it was signed and returned (emails, metadata, etc.) it is likely valid for 12 months from the date of signing. Alternatively, if there is a date block on the signature line, that date may be used. Lease and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: Can an apartment refuse to accept my 60 days notice? They're telling me I have to pay 2 months rent up front first.
Ryan D Templeton
Ryan D Templeton
answered on Sep 3, 2020

It really depends on what the lease says. I would recommend that you read your lease in its entirety and if are unsure contact an attorney near you to discuss your options.

1 Answer | Asked in Criminal Law and Landlord - Tenant for South Carolina on
Q: Can a landlord make you move out in 2 months and I'm disabled getting a SSDI check.

These people let me move in there house which has been empty for a year...The helped me out and only charged me $300 dollars for rent because my SSDI was not much.. I have been staying for about I months now.. I got a phone call telling me I had to move out in 2 months because they wanted to enjoy... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Apr 7, 2020

It really depends if there is a written lease. If there is a lease setting out a term (length of time) that the lease is valid for they cannot evict you before the end of that lease unless they have some cause to do so. If it is only a verbal lease it is normally presumed that it is a month to... Read more »

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: How can a New owner charge all these extra fees and everything that needs fixing they charge the tenants?

The apts. have been here for at least 40 years. I've been here 17 yrs. No upgrade or anything. New owners come from New York City , Bought the property and now tacking all these fees on us, pest fee:$5.00, Community Fee: $10.00, Renter's ins. $12:00 for the building only, My rent now is... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Apr 6, 2020

You would need to take a look at the lease that you signed. The written lease determines the duties and obligations between the parties. in most cases leases are signed for one year at a time and landlords are within their rights to increase rent and fees from year to year but not during a lease... Read more »

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I am unable to pay my eviction appeal bond by the time I was given by the judge can the landlord evict me immediately
Ryan D Templeton
Ryan D Templeton
answered on Dec 24, 2019

If you are unable to pay the bond your appeal will be dismissed by the clerk of court and at that point the magistrate will sign another writ of ejectment putting you out.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I am unable to pay my eviction appeal bond by the time I was given by the judge can the landlord evict me immediately

For example I was given until 4:30 pm Dec 24, 2019 to pay the bond so if I don't pay it can the landlord call the sheriff and have me removed at 5pm on the above mentioned date or does he have to go back to the magistrate and get a order to remove me immediately

Ryan D Templeton
Ryan D Templeton
answered on Dec 24, 2019

If you are unable to pay the bond your appeal will be dismissed by the clerk of court and at that point the magistrate will sign another writ of ejectment putting you out.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: There was damages done to the home we rent over a year ago due to a naturahurricane. What are my right? Should I do?

We signed a year lease, a month later the property changed hands a new lease was never signed.we have lived here going on 3 years. And have fell on hard times due to having a baby. We said there was somethings need to be fixed before we sign a new lease. It's a lot that needs fixed. They were... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Dec 6, 2019

There are very specific requirements under the SC Landlord Tennant Act that you must comply with before you are able to withhold any rent. Failure to comply with all of those requirements could result in eviction if you withhold rent. I would recommend that you reach out to an attorney near you so... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for South Carolina on
Q: Need help regarding lease with two others that do not pay their rent.

In a year long lease with two others that is joint and severely. I have paid my rent on time and in full for the existing 6 months yet my two roommates are continually late on payments and have accrued late fees and bounced check fees on our account. About 2 month ago after they accrued a balance... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

If you are jointly and severally liable for the entire rent you have very limited options other than catching up the back rent and fees in order to stay in the property. Otherwise the eviction will likely go forward. Take a copy of the lease to an attorney and they might be able to give you some... Read more »

1 Answer | Asked in Criminal Law, Landlord - Tenant and Small Claims for South Carolina on
Q: does one get in trouble for making too many 911 calls over noise complaints that are unfounded?

My friend’s neighbor in the apartment under her calls the cops on her probably once a month for having her TV too loud. I have been in her apartment when it happened. Not only was it not loud at all, it was in the middle of the afternoon on a weekend. Apparently she is known to do this with all... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Dec 1, 2019

It is not unlawful to call 911 to report something like this but here is the statute on the unlawful use of 911 which might clarify what could make it unlawful suck as making a false report to 911.

SC Code § 23-47-80:

It is unlawful for a person anonymously or otherwise to:...
Read more »

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Decaying bathroom floor after two years of stay was found. Who is responsible for the repairs? Landlord or tenant ?
Ryan D Templeton
Ryan D Templeton
answered on Oct 4, 2019

It really depends on the language of the lease. If the tenant knew about the issue and failed to notify the landlord the tenant may have some liability as well.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Can my landlord charge me $550 in late fees for being late on the rent Plus 35 returned check fee

My rent was only 11:50

Ryan D Templeton
Ryan D Templeton
answered on Oct 4, 2019

Your lease should lay out what late fees may be assessed. Many leases have terms that charge a fee per day late.

1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: If a landlord owns a mobile home park and is neglectful of whole property, how would you report them?

Numerous mobile home units are neglected from repairs. There are units with water damage, units that are rotting, units that are literally falling apart, and huge pest infection throughout whole MHP which in some units living point blank is impossible. Yet homes still get rented out.

Ryan D Templeton
Ryan D Templeton
answered on Oct 4, 2019

The most appropriate agency to report these issues to would be the local housing authority or code enforcement depending on where the mobile home park is located.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: My live in tenant went to jail for DUI with back rent owed. Can I evict now or do I have to wait?

This was his 3rd DUI and it appears he'll be jailed for a while. I have no idea how long. He doesn't have anyone to throw his bail and I declined myself. I don't want to be financially responsible. He is on a month-to-month agreement and has been here just over a year.... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Aug 15, 2019

If you have a lease agreement you can evict for five reason:

1) Failure to pay rent;

2) Material violation of the terms of the lease;

3) Failure to maintain the rental unit in a health and safe manner;

4) Abandonment of the unit; or

5) When the lease term...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Identity Theft and Landlord - Tenant for South Carolina on
Q: Hello my name is Taranika Can i sue the court for gross negligence. Because the judge never submitted a form four.

The judge order the defendant. To move me the defendant never moved me but they issued a rule to vacate but the judge nervous issued a form four but later Dismissed the case with prejudice after he granted negligence in court.

Gary Kollin
Gary Kollin
answered on Jul 29, 2019

No.Judicial immunity

0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: Can my tenant charge me more than the cost of repairs for a large hole in the wall caused by my guests?

I live in an off-campus apartment building and recently had a small party for my friend's birthday. During the event, three of my guests punched a man-size hole on the hallway wall outside of my apartment. My lease clearly states that my roommates and I are responsible for damages caused by... Read more »

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