Tenant Rights During Building Repairs in South Carolina

If you're renting in South Carolina, knowing your rights and what to expect when your building requires repairs is essential. As a tenant, disruptions from maintenance or construction can be stressful. This guide explains South Carolina's legal protections for renters during repairs, how to address problems, and where to turn for official help.

What Landlords Must Do During Repairs

Under the South Carolina Residential Landlord and Tenant Act, landlords are legally required to keep rental units safe and habitable. This means they must:

• Keep the premises in compliance with building and housing codes impacting health and safety
• Repair or address issues that affect basic needs (water, heat, electricity, plumbing, structural safety)
• Maintain common areas in a clean and safe condition

If repairs are needed, landlords must perform them in a reasonable time after being notified by you, the tenant. However, the law makes a distinction between regular, non-urgent repairs and repairs that threaten your health or safety.

When Can Repairs Be Made?

Landlords must give you at least 24 hours’ notice before entering your unit for non-emergency repairs, unless you agree to a shorter notice or there is an emergency.

• Emergencies (like broken pipes, fire, or gas leaks) may require immediate access with no advance notice.

Your Rights If Repairs Disrupt Your Home

If repairs make your home uninhabitable (unsafe or lacking essential services like water or heat), you may have rights to:

• Request rent reduction during the repair period
• Terminate your lease early without penalty if repairs are not made in a reasonable time
• Seek other remedies as outlined by the law

However, you must give written notice to your landlord before pursuing these options.

Documenting Problems and Communicating with Your Landlord

It's important to keep clear records. Here is how to act if repairs are needed:

• Notify your landlord in writing, specifying the issues and when the problems started
• Keep copies of letters, emails, or texts
• Take photos of the problems and any resulting disruptions

If the landlord does not make repairs after written notice, you may have the right to terminate the lease or withhold rent under specific conditions (see SC law Section 27-40-620).

Relevant Official Forms

• Notice of Defective Condition Form (No official state-wide form number)
  • Used to formally notify your landlord of serious repair problems. Sending written notice is required before you can take legal action or end your lease.
  • Practical example: If your heat is out in winter and the landlord hasn’t responded to your calls, you can use this written notice to create a record and meet legal requirements.
  • You can find a sample template and more details on the South Carolina courts’ official forms search page.

Always check that you use the most current version and follow the guidelines provided by the state.

Filing a Complaint or Taking Legal Action

If your landlord still does not address necessary repairs after proper notice, you have a right to seek a remedy through the legal system.

• The proper avenue is the South Carolina Magistrate Court, which handles landlord-tenant disputes.

To start a legal claim, you may need to file an Application for Ejectment/Complaint (SCCA/732).

• Application for Ejectment/Complaint (SCCA/732)
• Use when seeking court help for unresolved repair issues, unsafe living conditions, or rent disputes because of major repairs.

South Carolina Law and Protections

Key protections and obligations are found in the South Carolina Residential Landlord and Tenant Act (South Carolina Code Title 27, Chapter 40), which covers:

• Landlord duties for repairs and maintenance
• Notice requirements for both parties
• Tenant remedies if repairs are not made

It's important to review the specific language for your situation, as certain rights or timelines may vary depending on your lease and the repair's severity.

Summary

South Carolina law offers protections to renters during building repairs. Familiarizing yourself with the process and forms can help ensure your rights are respected and issues are resolved efficiently.

Frequently Asked Questions

1. What should I do if my landlord doesn’t fix something major, like a broken heater?
   Give your landlord written notice of the problem. If they do not repair it within a reasonable time, you may have the right to end your lease or seek help from the South Carolina Magistrate Court.
2. Can my landlord enter my home without notice to do repairs?
   No. Except for emergencies, your landlord must give you at least 24 hours’ notice before entering your unit for repairs.
3. Am I entitled to a rent reduction if repairs force me out of my apartment?
   Possibly. If your home is uninhabitable due to repairs and you can’t live there, you may request a reduction or terminate the lease, but you must follow the legal steps and provide written notice.
4. Where can I file a complaint if my landlord isn’t respecting my rights?
   You can file a claim at your local South Carolina Magistrate Court, the official body for residential tenancy disputes.
5. What law protects my rights during repairs in South Carolina?
   Your rights are covered under the South Carolina Residential Landlord and Tenant Act.

Need Help? Resources for Renters

• South Carolina Magistrate Court Locator – Find your local court for tenant-landlord disputes
• South Carolina Legal Services – Free or low-cost legal help for qualifying renters
• South Carolina Residential Landlord and Tenant Act – Full state legislation
• South Carolina Court Forms – Find notices, complaints, and other relevant forms

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1. South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. §§ 27-40-10 through 27-40-940)
2. South Carolina Magistrate Court – Handles residential tenancy disputes
3. Application for Ejectment/Complaint (SCCA/732) – Official court form for landlord-tenant actions

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