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South Carolina Landlord - Tenant Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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:...
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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.... View 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...
View 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... View More

1 Answer | Asked in Family Law and Landlord - Tenant for South Carolina on
Q: I have a very disturbing common law marriage question as well as one about residing in our home.

Spent 12 years with someone who always referred to me as his wife.. even a judge in the courtroom. I claimed him on my taxes over the years, and we have purchased things such as auto insurance, healthcare, etc as husband and wife. On July 4, 2017 he ran off an married another woman, who I did not... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Sep 25, 2018

You would have to file for divorce and establish common law marriage as part of that case in family court. If the court finds that you are common law married, you can be granted a divorce and a division of any assets determined to be marital. You will need a lawyer to accomplish this. I suggest you... View More

0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: Can we get our deposit back if old landlord sold rental property and didn't ask if we wanted to continue with new owner?

live in south carolina. old landlord sold townhome. before contract was signed, we informed him we didnt want to lease with new landlord (he never asked if we wanted to continue lease). he refused to break lease and told us to wait until after new landlord signed contract of ownership before we... View More

0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: After months of going to my landlord and police officers I got into it with someone who doesn't live down here and I was

Arrested now my landlord wasn't to evict me can I take it to court and do you think I can win from been evicted I also have witness who said they would come on behalf

0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: breaking a lease early

I am breaking my apartment lease early (in May) and my landlord is telling me that I have to pay 3 times my monthly rent to break the lease, which I knew. But I asked that if they rent the place quickly, which should be easy, if I could get some of that back. She said no, even if they re-rented... View More

0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: If my original lease has expired and moved informally to a month to month. Do I need to give notice of leaving.

My original lease ended in fall of 2017, since then I have been paying month to month. There has been no resigning or even acknowledgment that lease had ended and transitioned. Do I need to give a notice before moving due to landlord not addressing problems.

I told landlord of bedbug... View More

0 Answers | Asked in Landlord - Tenant for South Carolina on
Q: How do I get someone out of my house when I was trying to help them and now they don't pay anything anymore & cost me?

We have no paperwork. Circumstances changed and she has someone staying there too. Using my power and water, toiletries and shampoo and conditioner, laundry detergent. I really need help with this. Thank you.

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