I am renting an apartment that had an issue of flooding my apartment and the apartment down stairs while doing laundry. I moved in the apartment 3/2016. up until the problem was fixed, I was starting and stopping my washing machine during the spin cycles in order not to flood the apartments and cause damage. I informed them of the problem as soon as I moved in and followed up weekly for 60 days, and a plummer had come out twice with no resolve of the problem before I gave a letter that rent would not be paid until fixed 5/3/2016 (no one was at the office till this time). the problem was fixed 5/17/2016. I paid 325.00 for the rent (prorated rent of $290, with $10 monthly pet fee and $25 for the agree on amount towards pet deposit) they filed for an eviction on 5/20/16. for non-payment of rent, I received notice on my door 5/24/16 of the 10 eviction notice. I called and was informed to contact some one that would be able to explain the law to me. from my understanding that with a repair issue that the rent would have been prorated form the day the repair was resolved but the ofice manager is insisting that I pay the full amount with filing fees. so I am here to find out
How are you prorating the rent? What is the rent amount normally? The South Carolina Residential Landlord and Tenant Act governs these type of lease agreements. You can locate those laws by typing that into Google.
This is often an issue. Though rent withholding may be allowed in some other states, the South Carolina Residential Landlord Tenant Act does NOT allow a tenant to withhold rent for a landlord's failure to make repairs. Wrongfully withholding rent on a repair issue can subject the tenant to eviction for non-payment of rent and other damages, including court costs and attorney's fees.
Also, once served a notice, SC law provides that the tenant has ten (10) days, including holidays and weekends, to respond and/or request a hearing on a Rule to Vacate or Show Cause and/or Application for Ejectment.
However, there are other forms of relief available to tenants, after providing the landlord proper written notice of the items needing repair. Such includes possible early termination of the lease or seeking injunctive relief through the magistrate's court, though carrying such out must adhere very specifically to the law.
Overall, landlord tenant matters are highly fact specific. This forum provides general legal information only and therefore must not be substituted for personal legal advice. I strongly advise that you seek personal legal advice as timely as possible.
I wish you the best moving forward.
No attorney-client relationship is created by this response. This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues, as there is no direct contact with the questioner nor a review of any applicable documents or other information beyond what has generally been provided in the question set forth on the Avvo site. Responses are based on SC law, or any applicable federal law, as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person.
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