You may find that your landlord has breached a lease term. In this case, you may be possible to withdraw from the rental agreement without penalty. South Carolina`s rental laws state that it`s illegal for the landlord to change your locks, turn off your utilities, or remove your windows. Legally, if you decide to leave, this is called a “constructive evacuation.” The South Carolina Residential Landlord and Tenant Act of 1986 regulates landlord and tenant transactions within the state. According to the law, it is illegal for a landlord to increase the rent or change other rental conditions. The lessor can only increase the rent if the lease itself allows it or if the lease expires. You are required to pay monthly rents for the duration of the lease, whether or not you live in the unit. You will find information on the reasons why the lessor terminates a rental agreement under eviction. For more information, see the following digital resources. You can still be off the hook to pay the rest of the rent due under the lease, even if you have no legal justification for breaking your lease.
This is due to the fact that your landlord must make reasonable efforts to rent the unit again. If the owner works with a good home management company, this can happen quite quickly. In any case, the breach of a lease in South Carolina is considered a breach of contract. An offence often results in a complex legal case. If you`re a tenant in South Carolina who`s considering breaking a lease, this article is especially for you. In cases where the law and your lease are contradictory, the law replaces the lease, said Mark Fessler, head of the housing unit at South Carolina Legal Services. But this does not remove the obligation of tenants to read their leases carefully before signing them. Landlords and tenants are not required to terminate a lease with a fixed end date. The lessor has the right to enter the housing unit with the agreement of the tenant to carry out repairs, modifications, improvements, necessary or agreed services, or to show the premises to buyers, lenders, interested tenants, repairers or contractors.
The tenant cannot unduly prevent the landlord from entering for these purposes. The lessor or his broker may enter the rental unit without the tenant`s consent in the event of an emergency, including a change in weather conditions that would represent a danger to the property. Even after the announcement of his project to enter the premises 24 hours in advance, the lessor can enter between the hours of 9.m and 6 p.m. without the agreement of the tenant to provide regular regular services described in the rental agreement. The owner or intermediary can go between 8.m and 8 p.m. for the purpose of providing the services requested by the tenant. If the tenant violates the terms of the rental agreement or does not maintain the rental unit, the lessor may recover the actual damages and, if necessary, assert other legal claims. The landlord may also recover attorney`s fees if the breach of the tenant`s rental agreement is intentional or if the non-payment of rent is of bad intent.
If so, you`re in luck. It may be better to pay for an early termination penalty rather than for the entire rent due under the lease agreement. There are a few things you can do to minimize your financial liability if breaking your lease is not legally justified. It`s about getting the smallest punishment possible. In the event of a serious breach of the rental agreement by the landlord or if the landlord does not keep the rental unit healthy and safe, a tenant may terminate the rental agreement by written notice to the landlord….