If you have ever rented an apartment or house, you have probably wondered what your rights are as a tenant. Can the landlord come in your apartment at any hour of the day? Will you get your security deposit back? How much notice must you give before you move out? What can you do if your landlord refuses to make repairs in your apartment? What do you do if your apartment is destroyed? When and under what circumstances can you be evicted?

In South Carolina, the relationship between landlords and tenants is governed by the South Carolina Residential Landlord-Tenant Act (SCRLTA). Your rights and responsibilities as a tenant are spelled out in this Act. The lease, however, will also govern your obligations as a tenant.

At a minimum, every rental agreement should include the amount of rent, the date of the payment and the rights and obligations of the tenant and landlord. A rental agreement does not have to be in writing to be enforceable. It must, however, be fair and reasonable to both parties. If the lease is for a period longer than a year, it must be in writing.

You should carefully read any lease agreement prior to signing it since once signed, absent fraud or duress, you are presumed to have understood it and are bound by the terms of the lease.

The SCRLTA places an obligation of good faith upon both the tenant and landlord. Specifically, the tenant is responsible for paying rent on time; keeping the rental unit reasonably safe and clean; disposing of waste in a safe manner; keeping all plumbing fixtures clean; using all appliances in a safe manner; not deliberately destroying or damaging the rental unit or allowing guests to do so; not disturbing other tenants; not unreasonably preventing the landlord entrance to the rental unit and complying with the landlord’s rules and regulations which are for the purpose of safety, welfare and convenience of services for the tenants.

The SCRLTA also places responsibilities on the landlord and provides the tenant with remedies if the landlord violates the lease agreement or SCRLTA. Such remedies include moving out after giving the landlord proper notice and recovering money damages.

When you move into an apartment, you will be required to pay a security deposit. This deposit will be held by the landlord in case you fail to pay rent or damage the apartment. Whether you are entitled to your deposit back depends on whether you have paid all rent that is due and the extent of damage to the apartment. When you move out, you should give the landlord a forwarding address. The landlord then has 30 days to either return your security deposit or provide a written explanation of the amount withheld.

Generally, a landlord may evict a tenant and take possession of the rental unit for non-payment of rent; breach of the terms of the rental agreement; the tenant’s failure to maintain the rental unit in a healthy and safe manner; the tenant’s abandonment of the rental unit; or the termination of the lease. If you are evicted for breach of the terms of the rental agreement, you must first be given written notice by the landlord specifying the breach. If you fail to remedy (or begin to remedy) the breach within 14 days after receiving such notice, the landlord can begin eviction proceedings.

If you abandon the rental unit, the landlord can take possession of the rental unit. Under the SCRLTA, the landlord can take possession of a rental unit if there is an unexplained absence of a tenant for a period of 15 days after rent was due and not paid. This is considered abandonment rather than eviction. The rental agreement can be considered terminated or the landlord can consider the agreement to still be in effect. If the landlord considers the agreement to still be in effect, he must try to rent the rental unit at a fair price. He may collect lot rental. The tenant’s responsibilities under the rental agreement would end once the rental unit is rented.

Your biggest responsibility as a tenant is to pay your rent on time. If you fail to pay your rent according to your rental agreement, the landlord can start eviction proceedings with the court. Despite popular belief, your landlord cannot evict you by locking you out or turning off the utilities ("constructive eviction"), rather a landlord must follow the eviction proceedings by going to court. If you experience a constructive eviction, you may be able to stay in the house and recover damages and attorney’s fees. If you are served with a notice of eviction, you have ten days to request a hearing. If you fail to request a hearing or otherwise respond, the judge will issue an ejectment order. It is highly recommended that you consult an attorney immediately if you are served with eviction papers.

Termination of your lease agreement will be governed by the terms of the rental agreement. If you do not have a written lease and you lease month to month, the landlord must give you 30 days written notice to terminate the lease. Likewise, the tenant must give the landlord 30 days to terminate the lease. If you rent weekly, only 7 days notice is required by either party to terminate the lease.

One of the biggest complaints of renters is that their landlord refuses to make needed repairs. If this happens to you, give your landlord written notice of the needed repairs with a warning that you will move if repairs are not made within 14 days. If your landlord still refuses to make the repairs, you can terminate the lease and move out. You can also go to court and ask a judge to order the landlord to make the repairs. Many renters think they can make the repairs themselves and deduct the amount of repairs from their rent. This is not an option under the South Carolina Residential Landlord-Tenant Act. If you make the repairs yourself without approval from the landlord, you will still be responsible for paying your entire rent.

If your apartment is destroyed by natural causes, you will be entitled to receive your security deposit back. Your landlord, however, will not be responsible for reimbursing you for the costs of any personal property you lost in the catastrophe. For this reason, it is vital for renters to obtain renter’s insurance. If you have renter’s insurance covering your personal property, you can file a claim with the insurance company and be reimbursed for your loss.

As you can see, the laws regarding landlords and tenants are specific and numerous. Our attorneys are here to protect your rights as a tenant by providing practical and legal advise regarding your specific legal matter.

If you have further questions concerning landlord tenant law, please do not hesitate to contact us.

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