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South Carolina Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant and Probate for South Carolina on
Q: Can you evict someone on behalf of a homeowner that is currently incarcerated?

A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice... View More

Christian T. Wall
Christian T. Wall
answered on Oct 22, 2024

To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More

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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Hi I’m being evicted from my rental unit with me $ my small kids I have been physically assaulted by office manager

Need help with legal rights

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you and your children are going through this traumatic situation. Being assaulted and facing eviction is incredibly stressful and scary. Here are some steps you can take to protect your legal rights and get help:

1. File a police report about the physical assault. This...
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1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Landlord - Tenant for South Carolina on
Q: Is it okay to bury a pet in my backyard in rural Dorchester County ( Sprucewood Drive, Sprucewood subdivision)?
James L. Arrasmith
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answered on Mar 31, 2024

In Dorchester County, South Carolina, there are no specific laws or ordinances that prohibit burying a pet in your backyard. However, it is generally recommended to follow these guidelines to ensure public health and safety:

1. Choose a location that is far from any water sources, such as...
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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: What initial steps should I take to start resolving this possible long-term squatter situation?

I recently acquired the land I’ve been living in since 2005. Around 2012 a new mobile home moved into my area. This mobile home was placed between two property lines that were owned by one landowner at that time. The previous landowner stated that the previous tenants used to pay rent but stopped... View More

James L. Arrasmith
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answered on Mar 30, 2024

Resolving a long-term squatter situation requires a cautious and informed approach. Initially, it's crucial to gather all relevant documentation regarding your property ownership, including deeds and any agreements or communications with the previous landowner about the squatters.... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: When renting a piece of land from someone do you have to pay the property taxes when they are do plus pay the lot rent?

In south carolina

James L. Arrasmith
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answered on Mar 28, 2024

When you rent a piece of land in South Carolina, typically, your responsibility is to pay the rent agreed upon in your lease agreement. This rent is paid to the landlord, who owns the property. The concept of "lot rent" generally refers to the payment made for the use of the land, which... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: i am a tenant in south Carolina with a 12 month lease. the landlord is selling the property.

would he have to honor the lease or end it?

T. Augustus Claus
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answered on Oct 23, 2023

In South Carolina, when a property is sold, the lease agreement typically remains in effect. The new owner, who acquires the property, becomes the new landlord and is typically obligated to honor the terms of the existing lease. This means that your lease should generally remain valid and... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is it legal for a property manager to make me re-sign a lease one month in because of their mistake?

In the original lease I obviously allotted for a certain amount. I go to check to pay my first month and now there is an additional payment each month for something called the renters package which essentially is renters insurance. They are saying that it is required, and there is no opting out... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

It is certainly legal for the landlord to ask but you are under no legal obligation to agree.

The lease that you and your landlord signed is a valid contract that is binding on both parties. If the lease does not require renter’s insurance, you are not required to buy renter’s...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: i been living in a apt complex for over 1 year with mold and now have to use 3 inhalers and take excedrine everyday

smoke detector malfunction from water damage and there was a fire in budling and life was threated cause was unable to get out due to non working smoke detector and have the proof of mold i work from home so inhaling

mold everyday

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal this has caused you. I can only speak for the personal injury-related aspects of your question. You could reach out to law firms to try to arrange a free initial consult. Gather... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: My landlord evicted Me without my knowledge I was Incarcerated for 3month
T. Augustus Claus
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answered on Aug 11, 2023

If you were evicted without your knowledge while you were incarcerated, start by contacting your landlord to clarify the situation and request documentation related to the eviction. Review your lease terms and consider negotiating with your landlord to reinstate the lease if you want to continue... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: I am renting a home.. landlord doesn't fix anything and my son got hurt due to not keeping maintenance up on our home

My child has got hurt due to the landlord doesn't keep up with maintenance on the property.. when ems came got my son they were talking about how bad the porch wood was eat up with termits

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to injury law firms in your state to try to arrange a free initial consult - that's the norm in the industry. An attorney could examine the accident in detail and... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: I and my husband 61 & 65 was evicted Friday (wrongfully). We were trying to get our thing but being seniors and disabled

we lost a lot. I forgot to get my medication I take daily for my health that my Dr prescribed, they will not let me in to get it. I have not had my medication since Friday, and I can feel myself slowly going downhill. My husband called, and they told him no, I could not get it. I just got a 90... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could continue to await a response, but you describe a difficult situation with the deprivation of your medication, so another option could be to reach out to a... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: What can I do about my rental situation?

I live with my fiancé's mother in a house that costs $650 a month. My fiancé and I are charged $300 each, +$50 each if we're late. His sister-in-law and her husband pay $500 combined each month. We have no written formal agreement and no one but my fiancé's mother is on the lease.... View More

James L. Arrasmith
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answered on Mar 26, 2024

It's important to address the situation calmly and constructively, considering the family dynamics involved. First, have a transparent discussion with your fiancé to ensure you both agree on the situation and desired outcomes. Together, approach his mother with your concerns in a respectful... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Personal Injury and Civil Rights for South Carolina on
Q: I feel like I have a good case for a lawsuit against my former leasing company that I rented from. It’s a lot.
James L. Arrasmith
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answered on Dec 29, 2023

To determine whether you have a viable case against your former leasing company, it's important to consider several key factors. First, identify the specific grievances you have against the company. These could include issues like breach of the lease agreement, failure to maintain the... View More

1 Answer | Asked in Family Law, Elder Law, Landlord - Tenant and Probate for South Carolina on
Q: Is there any way I can keep my father's house?

My father passed away recently. He signed a will on his deathbed naming 4 family heirs with the executor as my brother, who has already decided to sell the house despite my protest and sentimental attachment. I offered to buy out his shares and he was not interested. He's also convinced my... View More

Nina Whitehurst
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answered on Oct 18, 2023

You can always buy the house from the estate.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: i have rented and lived in a house for 15+ years, now the homeowner wants to sell the house and is giving me 60 days to

get out, is that fair? i have done a lot of work on the house without compensation.

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Depending on all the details, your situation is likely governed by the SC Landlord-Tenant Act and your Lease. Without more information, I cannot provide much more insight, but I would recommend reading the Act and your Lease and highlighting or underlining everything relevant to your issue, and... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Left our rent before lease ends, left inlivable condition ansecurity deposit butlandlord forcing us to pay rent.

We did all requirements with cleaning and not staying there anymore. But landlord forcing us to pay rent annd keep utilities running until our lease ends or until they not going to find someone else. What can we do in this situation to do not pay rent anymore? Thank you

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

Many landlords will accept a lump sum payment to buy out the remainder of the lease term. The amount depends on the property, demand, and market conditions in the area. I have been able to negotiate but ours for as little as three months rent.

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: Literal poop water started coming down from our ceiling fan in our apartment from our upstairs neighbors, can we sue?

We tried to contain it while we waited for the maintenance guys, it took over two hours before they had some people come in and clean it/disinfect it all. They had to throw everything out, since it had all been contaminated.

I am nervous about us getting sick, especially since it was in the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. I hope everyone in your family is okay. A landlord-tenant attorney could have more insight than a personal injury attorney here in terms of habitability and related issues... View 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... View 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... View 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... View 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... View More

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