Legal Rights of a Tenant at Will in South Carolina
The South Carolina Residential Landlord Tenant Act governs rental agreements within South Carolina. Landlords and tenants each have rights and responsibilities when it comes to abiding by the lease that each party signs. When either the landlord or the tenant fails to comply with the lease agreement, the Residential Landlord Tenant Act gives each party additional rights.
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Definition
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A tenant at will is defined in South Carolina as someone who is using or occupying a property with no oral or written agreement, also known as a lease. South Carolina tenant laws regard a tenant at will as no different from a tenant with a lease. The same rights and duties apply in the eyes of the law.
Duties
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A tenant in South Carolina is responsible for paying rent on time. He is also charged with keeping the rental property safe and clean, within reason. These duties also include disposing of household waste correctly and using all appliances in a safe manner. The tenant must additionally not be a nuisance to the other tenants or neighbors.
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Termination
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At the end of the lease, the tenant must provide the landlord with a written notice of his forwarding address. The landlord will then forward the tenant's security deposit, if applicable. The landlord can keep all or a portion of the security deposit if necessary to pay unpaid rent or any damages to the property. If the landlord retains any of the security deposit, he must provide the tenant with an itemized list of the deductions.
Remedies
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A tenant has certain remedies under South Carolina state law if certain conditions are not met. In the event that repairs are not made, a tenant can provide written notice of their intent to vacate the property and then do so. In such situations, the tenant must give the landlord 14 days from the date they receive the written notice to correct or attempt to correct the situation. Tenants may also go to magistrate or circuit court to attempt to receive monetary damages from the landlord.
Considerations
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Landlord and tenant situations can generally be resolved without a court appearance. In certain situations however, legal assistance may be in a tenant's best interest. Make certain to read all leases thoroughly to ensure you understand what you are signing. A lease is a legally binding contract, and the terms of the lease define specifics of the landlord/tenant relationship for a specific period of time.
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References
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