Being a landlord in South Carolina comes with a lot of responsibility under the South Carolina landlord tenant act, and LandlordStation.com would like to remind you of the importance of knowing your rights and duties as a landlord. This article is meant solely as a general overview of the South Carolina's code of laws; for specific and legally-sound advice concerning landlord-tenant relationships in South Carolina, please consult an experienced attorney.
Every state has its own individual laws governing the landlord-tenant relationship, and the South Carolina landlord tenant act that applies to you and your tenants in this state is S.C. Code §§ 27-40-10 – 27-40-940. Also known as the South Carolina Residential Landlord and Tenant Act, this SC landlord tenant act was established in 1986 and serves to “simplify, clarify, modernize, and revise the law governing rental of dwelling units and the rights and obligations of landlords and tenants,” and “encourage landlords and tenants to maintain and improve the quality of housing.”
As a South Carolina landlord, you are likely already aware of your general responsibilities in your role. However, being aware of your specific duties as they apply in the South Carolina landlord tenant act is extremely important. Though the South Carolina Residential Landlord and Tenant Act allows for and governs both oral and written agreements, LandlordStation.com strongly recommends a written agreement for any lease term. Additionally, alternative to knowing your duties as a landlord, it is also important to know your tenant's South Carolina renters rights.
Under the SC landlord tenant act, your tenant has the right to bring action against the landlord for damage recovery and legal relief for any violations you incur against his or her rights according to state law. Depending on the severity of the violation, the South Carolina renters rights of your tenant may also include moving out after proper notice or immediately terminating the lease. If you violate your tenant's rights with regards to unlawful eviction, he or she will also then have a right to recover actual monetary damages and related legal fees in court.
However, when considering renters rights in South Carolina and how they apply to your lease, it is also important to remember and be firm on your tenant's responsibilities to your lease agreement under the South Carolina landlord tenant act in Chapter 40 of South Carolina Code.
1) Paying rent on time
2) Keeping rental unit reasonably safe and clean
3) Disposing of own garbage and wastes in safe manner
4) Using all electrical, plumbing, heating, air conditioning, and other appliances safely
5) Preventing the deliberate destruction or damage of the unit by self, guest, or family member
6) Preventing the disturbance of other tenants
7) Complying with the reasonable rules and regulations of the rental unit that protect safety, welfare, and convenience of services for the tenants
8) Providing reasonable and lawful landlord access to the rental unit for workers, lenders, contractors, or prospective buyers or tenants
Conflict with your tenant as a South Carolina landlord can be stressful. LandlordStation.com encourages you to establish open communication from the very beginning to increase your chances of a successful landlord-tenant relationship. However, for times when conflict does arise, knowing your tenant's rights and responsibilities under the South Carolina Residential Landlord and Tenant Act will help you protect yourself should conflict arise. Again, this article is not meant as legal advice, so consult with an experienced South Carolina lawyer for specific legal information regarding your case.
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