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South Carolina Code 27-40-610. Noncompliance by landlord in general

South Carolina Code > Title 27 > Chapter 40 > § 27-40-610 - Noncompliance by landlord in general


Current as of: 2009

(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 27-40-440 materially affecting health and safety or the physical condition of the property, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice if the breach is not remedied within fourteen days. The rental agreement shall terminate as provided in the notice except that:

(1) The rental agreement shall not terminate by reason of the breach:

(i) if the breach is remedial by repairs or otherwise and the landlord adequately remedies the breach before the date specified in the notice; or

(ii) if such remedy for a breach not affecting health and safety cannot be remedied within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time.

(2) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with the tenant's permission or who is allowed access to the premises by the tenant.

(b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief in a magistrate's or circuit court, without posting bond, for any noncompliance by the landlord with the rental agreement or Section 27-40-440. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees.

(c) If the rental agreement is terminated, the landlord shall return security recoverable by the tenant under Section 27-40-410. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees.

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South Carolina Laws: Landlords and Tenants

South Carolina Code > Title 27 > Chapter 33 - Landlord And Tenant Generally
South Carolina Code > Title 27 > Chapter 35 - Creation, Construction And Termination Of Leasehold Estates
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South Carolina Code > Title 27 > Chapter 40 - Residential Landlord And Tenant Act

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Comments (1)add comment
Britt: ...
we have a contract sale for our house they told us they updated everything but we keep having to repair things that they said they fixed, we also found out that their is asbestos siding, which i thought if they had it inspected that that would have caused it to not pass. the electrical is wrong because our power bill is triple what it should be. i don't believe the worker is licensed in electrical. are we able to void the contract or make them repair what they said they fixed but obviously didn't?
1

April 17, 2012

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