South Carolina Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

State:
Multi-State
Control #:
US-01678BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In South Carolina and a number of other states, there is no cap on the amount rent can increase?although landlords can't raise the rent during the fixed term of a lease unless the lease specifically permits that.

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.

If the landlord does not make the repairs within fourteen days, you may move out of the rental property. You also have the choice of taking the landlord to court to make the landlord repair the property.

If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out.

The answer is easy. Simply go to your local magistrate's office, explain your claim to the magistrate (or the magistrate's clerk), pay a small filing fee, and the magistrate's office will help you fill out the paperwork and send it to the party that you are making a claim against.

You'll need to contact your landlord at the end of your tenancy and ask them for your deposit. If your home is managed by a letting agency, you'll need to contact them instead. It's best to write or email when you ask for your deposit back - if you do, you'll have a record of when you asked for it.

The South Carolina Landlord Tenant Act S.C. Code Ann. § 27-40-440 requires the landlord to maintain the property in a safe and habitable condition: Compliance: Obey all building and housing codes that affect health and safety.

South Carolina is considered a landlord-friendly state because of the lack of rent control laws and the ability to evict tenants.

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South Carolina Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment