South Carolina Complaint regarding double rent damages for holdover

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US-01621
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.

South Carolina Complaint regarding double rent damages for holdover is a legal document filed by a landlord against a tenant who continues to occupy the rental property without a valid lease agreement or after the expiration of the lease term. This complaint seeks compensation for the damages incurred by the landlord due to the tenant's holdover, including double rent payment. Keywords: South Carolina, complaint, double rent damages, holdover, tenant, landlord, rental property, lease agreement, expiration, compensation, damages, payment. There are several types of South Carolina Complaint regarding double rent damages for holdover, including: 1. Residential Holdover Complaint: This type pertains to holdover situations in residential properties, such as apartments, single-family homes, or duplexes. 2. Commercial Holdover Complaint: This type addresses holdover situations in commercial properties, such as offices, retail stores, or industrial spaces. 3. Month-to-Month Holdover Complaint: This complaint is specific to holdover situations where the tenant continues to occupy the property after the expiration of a month-to-month lease agreement. 4. Fixed-Term Holdover Complaint: This type of complaint is applicable when a tenant remains in the rental property after the expiration of a fixed-term lease agreement, which typically lasts for a specific number of years. 5. Unlawful Detained Holdover Complaint: This complaint is filed when the tenant has no legal right to remain in the rental property and refuses to vacate, even after receiving proper notice to terminate the tenancy. South Carolina law allows landlords to seek double rent damages as a remedy for tenant holdover. These damages aim to compensate the landlord for the financial losses suffered due to the tenant's continued occupancy, including the loss of potential new tenants or rental income.

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FAQ

Under the Residential Landlord-Tenant Act, a tenant may bring an action against the landlord for recovery of damages or to obtain legal relief for any violations by the Landlord. These remedies will be discussed later. A tenant is responsible for paying rent on time.

Give your landlord written notice of the problems and warn him that if the problems are not fixed in 14 days or within a reasonable time, you will move. If the landlord still does not make repairs, you can move and will no longer owe him any more rent.

Fair Housing SC. U. S. Housing and Urban Development (HUD) S. C. Residential Landlord and Tenant Act. National Fair Housing Advocate (Online) South Carolina Center for Fathers and Families.

Tenants can sue landlords in Magistrates Court for the return of their deposit, up to a dollar amount of $7,500. See Filing a Security Deposit Lawsuit in South Carolina Magistrates Court for advice for tenants filing suit.

SECTION 27-35-130. Notice required for tenants at will and domestic servants. All tenants at will and domestic servants shall vacate the premises occupied upon twenty days' written notice.

In South Carolina, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years, ing to South Carolina Code of Laws section 15-3-530.

Statutes of Limitations in South Carolina Cause of ActionStatuteProperty damage: 3 yearsS.C. Code § 15-3-530(4) (2022)Slander: 2 yearsS.C. Code § 15-3-550(1) (2022)Trespass: 3 yearsS.C. Code § 15-3-530(3) (2022)Wrongful death: 3 yearsS.C. Code § 15-3-530(6) (2022)9 more rows ?

Under South Carolina Code § 16-11-510, Malicious Injury to Personal Property is where the defendant facing criminal charges allegedly acted with intent (intentionally) damages the personal possessions (property), goods, or chattel (common law term for personal items or property) that belong to another person.

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(a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent ... This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your ...by CR LANDLORD · 1988 · Cited by 7 — This section does not invalidate bona fide liquidated damages provisions for loss of rent from a tenant's early termination of a lease. Id. § 27-40-330(c). 1988 ... Oct 21, 2021 — Filing a suit requires the landlord, or their attorney, to draft a complaint informing the court of the facts of the case. Each of the ... Dec 27, 2021 — If your holdover is a willful violation of South Carolina law or the rental agreement, the landlord may also be awarded damages by the court. Landlords own the property, but tenants have unique protections from discrimination, harassment, rent increases, and wrongful eviction. If your claim is over $7,500, you will probably need the help of a lawyer to file in Circuit Court. ... Always keep a copy or log of complaints you have made. by CW Sullivan · 2006 · Cited by 20 — The Act's attempted solution to the holdover problem provides inadequate protection for tenants from overreaching landlords and, in practice, furthers no ... Defendant's Motion sets forth two arguments: (1) that Defendant is not liable for the unpaid rent from March, April, and May 2015, because the holdover tenancy ... Apr 12, 2023 — If Tenant fails to leave property within 30 days, Landlord may file a Complaint and Summons Against Tenant in Breach of Lease (DC-CV-085). A ...

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South Carolina Complaint regarding double rent damages for holdover