South Carolina Tenant Self-Help Clause

State:
Multi-State
Control #:
US-OL1003
Format:
Word; 
PDF
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Description

This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.

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FAQ

You may be able to legally move out before the lease term ends in the following situations. You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates South Carolina Health or Safety Codes. ... Your Landlord Harasses You or Violates Your Privacy Rights.

SECTION 27-40-410. Security deposits; prepaid rent. (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 and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510.

It is illegal for a landlord to attempt to remove a tenant through any other means, such as shutting off the utilities or changing the locks on the doors. This type of behavior is often referred to as a "self-help" eviction or unlawful ouster, and the tenant can sue the landlord for trying it (see S.C. Code Ann.

Under South Carolina law, tenants may withhold rent if the landlord fails to provide essential services such as heating systems, water supply, good sanitary conditions, and maintenance.

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.

CHAPTER 40 - RESIDENTIAL LANDLORD AND TENANT ACT. SECTION 27-40-660. Tenant's remedies for landlord's unlawful ouster or exclusion.

What is the South Carolina Residential Landlord-Tenant Act? It is a law passed in 1986 that protects South Carolina house, apartment, and room renters and their landlords. If you live in government-assisted housing, this law protects you. You may also have additional protections under federal law.

The short answer is yes, you can sell a rental property with tenants in South Carolina. However, it's important to note that there are specific laws and regulations in place to protect the rights of your tenants during the sale process.

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South Carolina Tenant Self-Help Clause