Tenant Law in South Carolina

In Hanahan, South Carolina, relationships between tenants and landlords can occasionally become strained.

Tenants and landlords have numerous legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.

Landlord's Rights in Hanahan, SC

Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is usually able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not accountable for damage resulting from ordinary wear and tear.

Tenant's Rights in Hanahan, SC

At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Thus, landlords in Hanahan, South Carolina must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal standards that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).

Furthermore, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Hanahan, South Carolina, these areas must be kept in a safe condition, at the landlord's expense.

A tenant also has a right, under federal law and the laws of South Carolina to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can further not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.

Lastly, the laws of most states safeguard tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).

Can a Hanahan, South Carolina Landlord/Tenant Lawyer Help?

Landlords and tenants almost always prefer to prevent conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When situations demonstrate the world's imperfection, a Hanahan, South Carolina real estate attorney can help, whether you're a landlord or a tenant.