This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.
South Carolina Tenant Self-Help Right
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Multi-State
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US-OL13022
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How to fill out Tenant Self-Help Right?
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FAQ
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.
So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because South Carolina requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
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.
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.
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.
Permitted Times: Landlords may only enter at reasonable times (SC Stat. § 27-40-530(c)). Entry without consent is also permitted between a.m. and p.m. to provide regularly scheduled maintenance services and between a.m. and p.m. to provide services requested by the tenant.
