Question 1. How can I evict a tenant for non-payment of rent?
For a residential tenant, you must serve the tenant with a Five-Day Notice for Nonpayment of Rent. If you have a written lease that contains special language provided for by the South Carolina Residential Landlord and Tenant Act then you may not need to send another notice. For non-residential tenants the process is different and will generally be controlled by the lease agreement. Once the tenant has been properly notified that they will be evicted if the rent is not paid you may then go to your local magistrate's office and seek an eviction of the tenant. A residential landlord MAY NOT evict a tenant without going through the court. A commercial landlord should consult an attorney before taking any action to evict a tenant without going to court.

Question 2. How can I evict a tenant who has a lease?
A landlord may evict a tenant with a lease only if the term of the lease has expired and the landlord has given notice of the termination of the tenancy, or if the tenant has committed a breach of the lease agreement. If the lease term has expired the landlord may give the tenant thirty (30) days notice of the termination of the tenancy and if the tenant does not voluntarily leave, the landlord may proceed to evict. If there has been a breach of the lease agreement then the landlord may proceed with an eviction under procedures set up by the Residential Landlord-Tenant Act or by the lease agreement in the commercial setting. Generally, residential tenants must be given fourteen (14) days notice to cure the breach before the landlord may terminate the lease and file for an eviction.

Question 3. My landlord has given me a notice of eviction. Do I have to leave?
It depends. You only have to actually leave if the sheriff shows up. While the landlord can notice you of his/her intention to evict you, only the court can issue an order to a sheriff to physically evict you. You should consult an attorney if you are served with eviction notice and you want to contest it, but even if you contest the eviction, you may still be liable for your rent payments and you must continue to pay such rent until the matter is decided by the court. If you dispute the amount of rent due then it may be paid into the court while the action is pending.

Question 4. Does my landlord have to give me back my security deposit when I leave the apartment/house?
Theoretically, yes. However, the law states that the landlord has thirty (30) days from the date you vacate the premises and request your deposit to provide you with an itemized notice of any deductions the landlord has made against any portion of your security deposit along with the remaining amount of the security deposit, if any. If the landlord fails to provide this WRITTEN notice then the tenant may recover up to three (3) times the amount wrongfully withheld plus reasonable attorney's fees. The tenant shall provide the landlord in writing with a forwarding address to which the written notice and the amount due may be sent.

Question 5. My landlord will not fix problems in my apartment/house. Can I withhold rent?
The landlord has an obligation to comply with the requirements of applicable building, housing and health codes and the South Carolina Residential Landlord and Tenant Act. If the landlord fails to comply with these laws or with material provisions of the rental agreement within fourteen (14) days after delivery of written notice by the tenant specifying the noncompliance and indicating an intention to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the condition cannot be remedied within fourteen days but the landlord has made a good faith start during that time then the rental agreement will not terminate. The tenant is not liable for rent during the period the dwelling unit remains uninhabitable.

Question 7. My landlord raised the rent without telling me. Is this legal?
It depends. If you have a lease with a fixed amount of rent, the rent may not be raised during that tenancy period. However, if you have no lease, the landlord may raise the rent, but must provide you with the amount of notice required for that particular type of tenancy, generally 30 days.

Also see Real Estate and Foreclosures.

Home : About Us : Attorneys :  Resources : FAQ's : Contact Us