How To Force Landlord To Make Repairs

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Getting Your Landlord To Make Repairs

I rent an apartment or a house and it needs to exist repaired. Does my landlord have to make the repairs?

Under South Carolina law, a landlord has the duty to brand all repairs to the rental property. The landlord must also keep it in a reasonably safe and livable shape. This means that the landlord must:

• Follow all edifice and housing codes;
• Proceed common areas rubber and clean;
• Make running hot and common cold water, and heat available; and
• Keep all electrical plugs and outlets, gas, plumbing, sanitation, heating, ventilation, ac, and appliances in safe working order.

My landlord says he does non have to repair the rental property because we did not sign a lease. Is this truthful?

No. A landlord must brand repairs even if the renter does not take a written lease.

My written lease with my landlord says I must make my own repairs. Is this legal?

Generally, no. In near cases, as long as the tenant did not cause the damage, the landlord cannot force a renter to do or pay for his ain repairs. However, in that location are times when a renter can hold in writing to do his ain repairs. If you remember that your lease says yous take to brand your own repairs, you lot should take your lease looked at by a lawyer.

What exercise I do if the holding I am renting needs to exist repaired?

If the problems with your flat or habitation seriously affect your family'southward health and prophylactic or if the problems affect the condition of the holding itself, tell your landlord what needs to be stock-still. Information technology is meliorate to tell the landlord in writing and then that y'all can prove y'all asked for the repairs. Be sure to date your letter. Keep a copy of the letter for your own records.

In your letter, exist certain to list each affair that needs to be fixed. Your letter should also tell the landlord that you will motility out of the holding if the repairs are non made within xiv days.

Once you send your letter of the alphabet to the landlord, he or she has fourteen days to fix the damage to the property. If the damage to the belongings is non a threat to your family'south health and condom, but is nevertheless so serious that it cannot reasonably exist stock-still within fourteen days, the landlord must at to the lowest degree start making repairs within 14 days and must finish them within a reasonable time.

If the landlord does not make the repairs within fourteen days, you may move out of the rental property. You lot as well have the choice of taking the landlord to courtroom to make the landlord repair the belongings.

Tin can I nevertheless move out or take the landlord to court if the bug with my apartment or home are non very serious or do non impact my family's wellness or safe?

No. The constabulary only allows y'all to move out when a landlord volition not make repairs if the damage to the rental property seriously affects your health or prophylactic or the condition of the belongings.

What if the harm to the holding was caused by me, a member of my household, or my guest? Tin I nevertheless end the lease?

No. In most cases, it is your duty to pay for whatever harm acquired by you lot, your family, or your guests.

I heard that I can make the repairs myself and deduct the cost of the repairs from my rent. Is this truthful?

No. You must still pay your rent on time every bit long every bit y'all have a lease. If yous do not pay the full amount of your rent when it is due, you could be evicted from the property by the Court. This is true even if your landlord did non brand the repairs you lot asked for.

Then I still have to pay my rent even though the landlord did not repair my flat or business firm?

Yep. If yous exercise not pay your rent, y'all could exist evicted. If your landlord tries to evict you, yous tin can debate in courtroom that the value of the rental belongings was lowered because the repairs were not made. If the Court agrees, you may have a defense to the eviction.

What if I am behind on my rent? Does the landlord still take to make repairs to the rental property?

Yes. The landlord must yet follow the police force and do what information technology says in your lease, even if y'all are behind on rent.

What if i of my appliances needs to be repaired? Does my landlord take to fix it?

If an apparatus (similar a stove or a refrigerator) belongs to the property y'all are renting,the landlord must prepare it. In most cases, the landlord will exist responsible for repairing the appliances that came with the flat and must go on it in skilful, safe shape.

What if I take other questions?

You should talk with a lawyer about any questions you have about getting your landlord to make repairs.

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This is not all the data you demand to know if y'all are dealing with a trouble with your landlord making repairs. You may desire to talk to a lawyer about your detail situation.

If yous do non take a lawyer, the South Carolina Bar Lawyer Referral Service can give you the name of a lawyer who is willing to come across with yous and suggest you at a lower rate. For the name of a lawyer in your surface area, call the Lawyer Referral Service at 1-800-868-2284 statewide or (803) 799-7100 in Columbia.

If yous have a very low income, your local legal services office may be able to assist you. To make it touch with them, call the Legal Aid Phone Intake Service for a referral at ane-888-346-5592 statewide or (803) 744-9430 in Columbia.

Revised October 2012

Copyright retained by South Carolina Appleseed Legal Justice Center. For permission to reproduce this brochure contact SC Appleseed P.O. Box 7187 Columbia, SC 29202

Source: https://www.scjustice.org/brochure/repairs-by-landlords/

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