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Getting Your Landlord to Make Repairs
Steps you'll need to take
Under South Carolina law, you have rights as a tenant set out in the Residential Landlord Tenant Act. S.C. Code 27-40-440 sets out the responsibilities of your landlord for maintaining the rental unit. S.C. Code 27-40-610 addresses your right as a tenant send notice and file with the court. The options are covered in this classroom. If there are serious problems with the home you are renting, the first step is always to let your landlord know about them and ask that they be fixed. While the law doesnt always require that you give your landlord notice in writing, in practice it's usually best to do it that way. Written notice can help ensure that there are no mistakes about what needs to be done and can help show that you did actually notify your landlord of the problems and when you did it.
South Carolina Legal Services has created an online tool you can use to create a letter notifying your landlord that repairs are needed. You can access that tool here.
If you let your landlord know about the problems and your landlord fixes them...great! That's what should happen and there may not be anything else you need to do. But, we all know that sometimes things don't go the way they should. If your landlord doesn't respond to your requests or if things don't get properly repaired and the problems continue, you may need to consider other options.
What options you have depends on what kinds of problems you're having. The table below summarizes the kinds of problems the law recognizes and the options available.
What Kind of Problem? |
How long should my letter give my landlord to fix it? |
How long does my landlord have to make repairs? |
Can I terminate my lease and move out if my landlord doesnt make the repairs? |
Can I take my landlord to court and ask the court to order that repairs be made and/or to award me damages? |
Seriously Affects Health and Safety |
At least 14 days |
Repairs must be completed by the deadline you gave |
Yes |
Yes |
Seriously Affects the Physical Condition of the Property |
At least 14 days |
Repairs have to be started by the deadline you gave and completed within a reasonable time if they can't be completed by your deadline |
Yes |
Yes |
None of the Above |
A reasonable time |
A reasonable time |
No |
Yes |
This can get a little complicated, but there are basically two things to remember:
- If the problems are very serious, you may have the option to either a) take your landlord to court and ask the judge to order that repairs be made and/or award you damages, or b)terminate your lease and move out.
- If the problems are important to you, but not serious enough to justify terminating your lease, you may still be able to take your landlord to court and ask the judge to order that repairs be made and/or award you damages.