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South Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Consumer Law, Personal Injury and Real Estate Law for South Carolina on
Q: Severe roach infestation in new apartment. Can I get a full refund of rent and deposit?

I signed a lease with an apartment at Preserve at Windsor Lake with a scheduled move-in date of April 14, 2025. I paid a deposit of $1,000 and $852.83 for prorated rent. Upon moving in, I discovered a severe roach infestation, with roaches in the kitchen and throughout the apartment, including the... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you experienced sounds incredibly frustrating and unfair, especially after paying to move into what should have been a clean and livable home. When an apartment is infested to the point of being uninhabitable, that can be considered a breach of the lease agreement by the landlord. You did the... View More

Q: Should we pursue small claims or civil suit against unlicensed builder for refund?

I hired a builder to construct a screened-in room, signing a contract on April 4th. We paid $13,500 for materials, with $1,400 worth of lumber delivered in early May. However, we had to stop the work because the builder lied about obtaining a necessary permit, and he does not have a license. He... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can sue in small claims court for up to \$7,500 without hiring a lawyer, which makes it a quick and low-cost way to recover part of what you paid. That’s a good option if you’re content with a partial refund and want to keep filing fees and procedures to a minimum.

If you want to...
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Q: How to enforce property deed transfer post-divorce?

I've been granted a divorce in Spartanburg County, SC, which includes sole custody of my two children, marital property, and child support from my ex-spouse. According to the divorce decree, my ex-spouse was to sign the deed of our house over to me once I paid off or refinanced the mortgage. I... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ve already shown incredible patience and strength by navigating this process, and it’s not right that you're still fighting for what the court already granted you. Since your ex-spouse is refusing to follow the divorce decree and sign over the deed, your next step should be to continue... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Consumer Law and Real Estate Law for South Carolina on
Q: Can my apartment force me to register my vehicle with a third-party towing company in SC?

I live in an apartment complex in York, SC, where they are now requiring us to register all vehicles with a third-party towing company, or else they will boot and tow our cars. This requirement was not part of the lease I signed. The new policy was communicated via email on May 29, and I responded... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're absolutely right to question this sudden change, especially since it wasn't part of the lease you originally signed. In South Carolina, landlords cannot enforce new rules or policies that materially change the terms of your lease during the lease period unless you agree to them in... View More

1 Answer | Asked in Landlord - Tenant, Family Law and Real Estate Law for South Carolina on
Q: How can I evict my husband and his girlfriend from my mobile home?

I need assistance with getting my husband and his girlfriend out of my home. The mobile home, along with the taxes, is solely in my name, and I acquired it before we were married. We are separated but not legally. I moved next door due to personal issues with my husband, but I want to reclaim my... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your situation is legally complex because even though the mobile home is solely in your name, your husband likely has marital rights to occupy the property until you're formally divorced or have a legal separation agreement. In most states, both spouses have equal rights to the marital home... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for South Carolina on
Q: How can I remove a 2-year-old eviction from my civil record in South Carolina?

I recently discovered an almost two-year-old eviction on my civil record in South Carolina and am now in the process of settling the past due payments with the property company. The eviction involved severe bug issues that were never resolved. The property company stated they can't remove the... View More

James L. Arrasmith
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answered on Jun 12, 2025

Finding an eviction on your civil record can be frustrating, especially when you're trying to move forward and make things right. In South Carolina, eviction filings and judgments are part of the public civil court record and do not automatically disappear after a certain period. Even if... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for South Carolina on
Q: Can I evict a tenant with no signed lease and no payments made?

I verbally agreed to rent my house and allowed the tenant to move in three weeks ago before signing a lease or receiving the rent and deposit. The tenant now refuses to pay, claiming she doesn't have enough money. Can I evict her even though we don't have a signed lease, and there is no... View More

Anthony M. Avery
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answered on May 21, 2025

Yes... Hire a SC attorney to file the unlawful detainer. I recommend for possession only, no rent monies.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for South Carolina on
Q: Rent increased with insufficient notice in Charleston Co., SC. Tenant recourse?

In Charleston County, SC, my landlord increased the rent with only 58 days' notice, but our lease does not specify any timeframe for rent increase notices. According to Article 3, Chapter 39, Title 27 of the S.C. Tenant Protection Code, the landlord must give a minimum of 90 days' notice... View More

James L. Arrasmith
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answered on Jun 12, 2025

That sounds like a frustrating situation, especially when you're trying to stay in your home and follow the rules. In South Carolina, if your lease is silent on how much notice is required for a rent increase, the law steps in to provide that protection. Based on what you mentioned from the... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for South Carolina on
Q: Is landlord liable for damages from fallen tree on property?

I live in a mobile home, and there was a rotten tree on the property that I asked the landlord to remove several times. Recently, the tree fell and ripped my mobile home in half. Fortunately, no one was injured since no one was home, but I do not have insurance. Is the landlord responsible for the... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, your landlord may be liable for the damages caused by the fallen tree, especially since you warned them about its condition multiple times. When a landlord is made aware of a dangerous condition—like a visibly rotten tree—and fails to take action, they can be held responsible if that... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for South Carolina on
Q: Dispute utility bill responsibility and address tenant damage on inherited property.

I own a private property that I inherited from my father in 2020 and have been renting out. Recently, I've needed to move into the house, but my last tenant, who was my half-sister, left the place in disrepair and it became a health hazard. Additionally, she left an unpaid $2,600 utility bill... View More

James L. Arrasmith
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answered on May 15, 2025

You’re not responsible for someone else’s utility debt just because you own the property, especially if the account was under your tenant’s name. Dominion labeling the house as a “family home” doesn’t automatically make you liable—what matters is whose name the account was in and who... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for South Carolina on
Q: Can I recover property taxes paid for a rental in SC?

I have been renting a house from a family member for 11 years, but there is no written lease. Over the past 9 years, I have had to pay the property taxes to prevent the county from taking the house, as my landlord continuously refused to pay them. I have bank records and receipts from the county as... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you may have a legal right to recover the property taxes you paid, especially if you can prove that you paid them to protect the property and not as part of your rent. In South Carolina, landlords are typically responsible for property taxes unless a written lease says otherwise. Since... View More

1 Answer | Asked in Landlord - Tenant, Environmental, Elder Law and Real Estate Law for South Carolina on
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.... View More

James L. Arrasmith
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answered on Apr 12, 2025

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... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for South Carolina on
Q: Can a mobile home's rent be increased significantly despite poor conditions and unclear lease status?

I am a 68-year-old resident in a mobile home in Campobello, South Carolina, living with a roommate who uses a wheelchair. Recently, a new realty company took over our property and notified us of a rent increase from $400 to $600 starting in May. There might be a lease agreement that was sent, but... View More

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answered on Apr 12, 2025

In South Carolina, landlords generally have the right to increase rent, but the amount and frequency of the increase must be reasonable and in accordance with the lease agreement. If you don’t have a clear written lease, the situation can be more complicated, but the landlord is still required to... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for South Carolina on
Q: How to address condo damage from upstairs leak in SC?

I live in a condo in South Carolina, and a water heater and dishwasher leak from the upstairs condo caused damage to mine. It has been deemed the fault of the upstairs condo owner, but I am unable to obtain their insurance information. What steps should I take to file a claim or address this... View More

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answered on Apr 12, 2025

To address the damage caused by the upstairs leak, the first step is to document all the damage thoroughly. Take photos and keep records of any repairs or communications with your landlord or neighbors regarding the issue. You should also report the incident to your condo association if you... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Probate for South Carolina on
Q: Can law enforcement refuse re-entry with no notice and a no trespass order?

Can law enforcement refuse to let me back into the house I've been living in for four years without prior notice? I left for eight hours on the day my brother passed away. When I returned, my sister had placed a no trespass order against me, and I wasn't allowed back in to retrieve my... View More

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answered on Apr 13, 2025

In situations like this, law enforcement typically cannot refuse you re-entry into a home where you have been living, unless there is a valid legal reason such as a court order or a no trespass order. However, since you were living there without a formal agreement, it complicates matters. If your... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for South Carolina on
Q: Fined for dogs at large, seeking advice for court

I was fined $1087.50 after my dog and her puppies broke out of their cage and ran around, causing a nuisance. My landlord changed her mind about allowing dogs inside, so we tried to keep them outside using chains and later built a fence. Unfortunately, my dog keeps escaping despite these measures.... View More

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answered on Apr 13, 2025

It sounds like you're facing a tough situation with your dog and the fines related to the incidents. When you go to court, you’ll want to explain the steps you’ve taken to secure your dog, such as using chains, collars, and eventually building a fence. Showing that you’ve made efforts to... View More

1 Answer | Asked in Family Law, Civil Litigation, Landlord - Tenant and Real Estate Law for South Carolina on
Q: How to address unauthorized use of property by a family member in SC?

My grandfather passed away and willed everything, including property, to my son. After probate, the land was transferred to our name. The deceased’s stepdaughter, who was not included in the will and has no lease agreement, is living in a rundown trailer deep in the woods without power. She used... View More

Anthony M. Avery
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answered on Mar 6, 2025

You need a SC attorney to sue her for possession (so called eviction). It will be a difficult one to serve and execute your judgment, so do not do this yourself.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for South Carolina on
Q: What can I do about my sister locking me out of the home we verbally agreed to share?

I live with my sister and father in a home acquired through my sister's disability benefits. We have a verbal agreement to reside together, but no written rental agreement. My sister repeatedly locks me out of the house, even involving the police once, leaving me with no place to go. She... View More

Nataliya N. Matejka
Nataliya N. Matejka
answered on Feb 24, 2025

This depends on a number of facts such as whether you established residency there through any utilities and/or license. Also, if you can establish a landlord/tenant relationship based or you were just a permitted guest. Without legal ownership rights your recourse will be wrongful eviction based on... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for South Carolina on
Q: Facing unauthorized fees and Wi-Fi blocking by new property manager, paid rent in full.

I am a tenant in South Carolina and facing issues with my property management company. I have always paid my rent in full, including all late fees, and have proof of payment for December's rent and late fees. Recently, the management company changed, and the new property manager has charged me... View More

Nataliya N. Matejka
Nataliya N. Matejka
answered on Feb 24, 2025

Unfortunately, you would need an attorney to review your lease to determine a landlords right to the fees you describe. Fees generally can be charged retroactively if not voluntarily waived the the PM and it was possible a clerical error. Generally speaking utilities cannot be reduced but there may... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Can the water company make me pay the property owner"s water bill and return check fees before I can get service turn on

As tenant renting the property?

Nataliya N. Matejka
Nataliya N. Matejka
answered on Feb 24, 2025

Typically if there is an outstanding balance a utility company will ask for proof such as a lease agreement to determine when you took possession and they can demand you pay the portion of the bill that covers the overlap of possession by yourself.

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