South Carolina Appleseed Legal Justice Center is dedicated to advocacy for low-

income people in South Carolina and effectingsystemic change by acting in and through the courts, the legislature, administrative

agencies, communities and the media. We help others do the same through

education, training and co-counseling. To find out more about us, please visit

http://www.scjustice.org on the Internet.

• This presentation is just for informational purposes.

• If you feel you need to speak with an attorney, you have a few options:

o South Carolina Bar Referral Service• Serves the General Public• Contact: 1-800-868-2284

o Call South Carolina Legal Services • Serves the low income community• LATIS: 1-888-346-5592

• The South Carolina Residential Landlord-Tenant Act protects landlords and tenants in most residential leases.

• If you live in government assisted housing, you may have even more protection under the law.

• A LEASE is a CONTRACT between you and the landlord.

• The lease should inform both the landlord and the tenant what is to be expected from both parties for the duration of the agreement.

• Like any other type of contract, a lease can be enforced in court.

• When you sign the lease, you are agreeing to do everything it says in the lease. If you violate that agreement, the landlord can take you to court to enforce that agreement.

• A LEASE is a CONTRACT between you and the landlord.

• The lease should inform both the landlord and the tenant what is to be expected from both parties for the duration of the agreement.

• Like any other type of contract, a lease can be enforced in court.

• When you sign the lease, you are agreeing to do everything it says in the lease. If you violate that agreement, the landlord can take you to court to enforce that agreement.

Is a Written Lease Required?

• NO - In South Carolina, the law does not require that a lease be in writing, but it is smart to have one.

• Always keep a copy of the signed lease for your records

• What happens if I have signed the lease but the landlord did not?

o If the landlord accepts a rent payment from you, it is the same as if he or she signed the lease

• What if the landlord signed the lease but I never signed the lease?

o If you have paid rent and taken possession of the apartment, it is the same as if you had signed the lease yourself.

• When you read the lease, there may be some things in it that you do not understand. If you don’t understand something in a lease, ask a lawyer or someone you trust to explain it to you.

• Do not rely on the landlord to explain something in the lease to you. The landlord may not be honest with you or may not explain it fully, or the landlord might not know the answer.

Checklist- •Before you move into the apartment or house, you want to make sure that you know the condition of the place before you move in. It is a good idea to walk through with your landlord and do a written move-in checklist that shows what damage was in the apartment before you moved in. •There are plenty of templates available online•You do not want to be blamed for the damage done by the previous tenant!

•The move-in “checklist” should be signed by both you and the landlord. You should keep a copy of the checklist with your lease.

•If you can, you should also take pictures of the apartment right before you move in so you can prove what damage was there when you moved in.

• There are some basic rules that all tenants must follow: o Pay your rent on timeo Keep the place SAFE and CLEANo Dispose of trash and waste from your apartment or house

in a clean and safe mannero Keep plumbing fixtures cleano Use the facilities and appliances in a reasonable mannero Do not damage the place or allow your guests to do soo Do not allow any illegal activity in the apartment or houseo Do not disturb your neighbors or allow your guests to do soo Follow the lease, rules, and regulations, which may have

additional rules not listed here

• The landlord is required to “make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition”

• This includes: electrical, gas, plumbing, sanitary, heating, ventilation, air conditioning, and other appliances supplied by the landlord

• If you need the landlord to make a repair, put it in writing and indicate that if the repairs have not been made the rental agreement will terminate at a date no sooner than 14 days after receipt of notice

• Important: The law gives the landlord14 days after you provide written notice to make or begin repairs

• If the repairs have been started but take more than 14 days to complete, the lease is not breached unless the Landlord fails to pursue the repairs in good faith within a reasonable time.

• If the tenant, a member of his or her family, or the tenant’s guest caused the damage, the tenant cannot terminate the lease agreement.

• If the rental agreement is terminated because the landlord has failed to make repairs, the landlord shall return to the tenant any amounts of the security deposit due to the tenant.

• Through normal ending of the leaseo Written notice of termination of lease with at least one term’s notice

• If lease is week-to-week: One week’s notice• If lease is month-to month: One month’s notice

• If Landlord does not follow lease, for example: • Refusing to make repairs or breaching the lease

in a way that affects your healthy and safety or the physical condition of the unito Tenant must give 14 days notice to Landlord – In writingo Landlord has the opportunity to make repairs during the 14

days

• The written notice provision is satisfied if there is the following (or substantially similar) language in the lease:

IF YOU DO NOT PAY YOUR RENT ON TIME: This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.

o When the lease ends the security deposit must be returned to the Tenant minus any amount held for rent and damages due to Tenant’s noncompliance with the lease within 30 DAYS

o The Tenant must provide the Landlord in writing with a forwarding address for security deposit return

o The Landlord must provide Tenant with an itemized damage list

o Normal wear and tear does not come out of the security deposit

• PROTECT YOURSELF!• It bears repeating! Prior to moving in, make sure

both you and the landlord do a move-in checklist that shows what damage was in the apartment before you move in. This is important because you do not want to be blamed for any damage that you did not do. Both you and the landlord should sign this checklist. Be sure to keep it with your lease in a safe place.

• Remember: If possible, take photographs of the apartment before you move in, being sure to note any areas where there was previous damage, stains, etc.

• PROTECT YOURSELF!• It bears repeating! Prior to moving in, make sure

both you and the landlord do a move-in checklist that shows what damage was in the apartment before you move in. This is important because you do not want to be blamed for any damage that you did not do. Both you and the landlord should sign this checklist. Be sure to keep it with your lease in a safe place.

• Remember: If possible, take photographs of the apartment before you move in, being sure to note any areas where there was previous damage, stains, etc.

•If the landlord fails to return to the tenant the security deposit with the itemized notice for money withheld, a tenant may be able to recover up to three times the amount wrongfully withheld and can also recover reasonable attorney fees.

• Remember, if you receive an eviction notice from your landlord, you should call a lawyer immediately. You have only ten (10) days from the date that you received the eviction notice to file a response with the court.

• Your landlord MUST file in court to have you legally evicted. Your landlord cannot change the locks, turn off the power, or put your personal property outside.

• Federal and state law says that a landlord cannot treat you differently or refuse to rent to you because of your:

- RACE - Color- Gender - Religion- National Origin - Disability- Familial Status (pregnancy/children in the home)

• Sex Discrimination : can happen to both men and women

• How do you know if someone is discriminating against you because of your sex?

o The landlord offers you a lower rent in exchange for sexo The landlord will not fix your apartment unless you have sex

with themo The landlord threatens to evict you if you do not agree to have

sexo Tries to evict you from Public Housing because you are a

victim of domestic violence, dating violence, or stalking

• In 2009, President Obama signed into law the Protecting Tenants at Foreclose Act

• If the owner of your apartment or house is foreclosed on while you are living in the apartment, you have certain rights as a tenant.

• If you have a lease, the new owner must abide by your lease (with an exception for an owner-occupation).

• If your lease is month to month or less than 90 days remain, you are given 90-days once the new owner has given you notice that he/she wants to terminate the rental.

What is a security deposit? •It is the tenant’s money or property held by the landlord in case there are damages to the unit or the tenant doesn’t pay rent

How do I get my deposit back when I move?•Ask for your deposit and give the landlord your new address in writing

What does the landlord have to provide you with if he or she does not return your full deposit?•The landlord must provide an itemized list showing what has been taken from your deposit and why

How long does the landlord have to return the deposit?•The landlord has 30 days after you move out or after you ask for it back, whichever is later

What do I do if the my stove stops working?•The landlord must keep all appliances that came with the apartment in reasonably good and safe working order. Tell your landlord. It is best to inform your landlord in writing. What happens if the hot water heater stops working and the landlord refuses to fix it?•If you have informed your landlord in writing that he or she has 14 days to make repairs or you are terminating the lease, you can move and will no longer owe him or her any more rent.

I came home from the store and my landlord was in my house. Can they do that?•Your landlord cannot be in your house without notifying you unless there is an emergency. •Some examples of an emergency would be a fire or if there were broken pipes. •If it is a non-emergency, the landlord usually must give you 24 hours notice and can only enter between 9AM-6PM

• This presentation is just for informational purposes.

• If you feel you need to speak with an attorney, you have a few options:

o South Carolina Bar Referral Service• Serves the General Public• Contact: 1-800-868-2284

o Call South Carolina Legal Services • Serves the low income community• LATIS: 1-888-346-5592