Can my landlord evict me? It depends on the reason. Did you pay your rent on time? Have you violated your agreement? Do you have a written agreement for a specific term or is it month-to-month? If you find yourself in this situation, you may want to seek advice from an attorney. Be sure to provide your rental agreement and any eviction papers you may have received. What is an eviction? The term “eviction” refers to the process of removing a tenant from the rental property. The landlord must have a legal basis for evicting the tenant such as unlawful holdover (staying beyond the agreed upon term), failure to pay rent when due, or violating other terms of the lease (S.C. Code Ann. § 27-37-10). The landlord must follow the legal process by applying to the magistrate’s court. The court will then cause notice of the process to be served on the tenant, which allows the tenant an opportunity to contact the court within 10 days to explain why he/she should not be evicted. Either party may demand a jury trial regarding the eviction (S.C. Code Ann. § 2737-60). If the court (judge or jury) finds the landlord has a legal basis for the eviction and that the tenant has not shown a good reason for his/her actions or inactions, then the court will order the tenant to vacate the rental property, either on their own or by force of the law (S.C. Code Ann. § 27-37-40). What if I ignore the notice or do not respond within the 10 days to explain why I should not be evicted? The court can order a Writ of Ejectment ordering the tenant to vacate the premises or be forcibly removed by the appropriate authorities (S.C. Code Ann. § 2737-40). Can my landlord enter my apartment without asking me? Yes, but only in an emergency or unusual situations. Other than that, the landlord may enter: • Between 9:00 a.m. and 6:00 p.m. to provide regularly scheduled services (like changing air-conditioning filters, pest treatment, etc.) as long as the landlord lets you know ahead of time. • Between 8:00 a.m. and 8:00 p.m. to provide services you requested as long as the landlord lets you 9
know ahead of time (S.C. Code Ann. § 27-40-530). Does my landlord have to keep my apartment in good condition? Your landlord must: • Comply with all building/housing codes related to health and safety. • Keep the premises in a fit and habitable condition. • Provide running water and reasonable amounts of hot water at all times. • Keep electrical, gas, plumbing, heating, air conditioning and other services and appliances supplied by the landlord in reasonably good and safe working order (S.C. Code Ann. § 27-40-440). Can I make repairs and deduct the cost from my rent? No. You need to give written notice to the landlord listing specifically items that need to be repaired and stating that if the repairs are not made that the rental agreement will terminate not less than 14 days after receipt of the notice if the repairs are not made within 14 days. The repairs can only be of the type for items that the landlord is required to maintain as previously described. Also, you may not terminate for lack of repairs if the condition was caused by you, your family or a guest (S.C. Code Ann. § 27-40-610). What about if my landlord fails to provide heat or hot water? Your landlord must provide “essential services” defined by law as sanitary plumbing or sewer services; electricity; gas (if used for heat, hot water or cooking); running water; and reasonable amounts of hot water and heat (except where the hot water and heat are in exclusive control of the tenant and supplied by a direct public utility connection, i.e., you get the bill and are responsible) (S.C. Code Ann. § 27-40-210(17)). If the landlord is negligent or intentionally does not provide the essential services, you may give a written notice to the landlord and acquire reasonable amounts of the service during the period that the landlord is not providing the services and deduct the actual cost from the rent or recover damages based on the decreased fair-market rental value of the unit due to the lack of services and your attorney’s fees incurred to recoup your damages. Damages could include cost to purchase fuel or cost to live some-