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Renter's Rights for Eviction Notices in Mt. Pleasant, South Carolina

 
 
Reply Thu 11 Oct, 2012 01:21 am
Hello Friends,

The eviction process in South Carolina is somewhat different from most states. In South Carolina, the landlord controls the eviction process. This does not mean renters have no rights, but the process favors the landlord in a dispute. In Mt. Pleasant, as elsewhere in South Carolina, renters' rights are protected by the South Carolina Residential Landlord and Tenant Act. The law defines the rights and responsibilities of landlords and tenants during eviction. All evictions in Mt. Pleasant are handled by the Charleston County Magistrates court.

Five-Day Delinquency
Under South Carolina law, a tenant is not delinquent with rent until five days has passed. A landlord can only issue a notice to cure on or after the sixth day.

Remedy
The landlord must provide a written notice specifying what action the tenant took that violated the rental agreement. The tenant has 14 days after receiving written notice to fix or cure the violation; otherwise, eviction can proceed. If the tenant cures the violation within the 14 days, then the rental agreement cannot be terminated.

Unlawful Eviction
A tenant facing an eviction notice has certain legal remedies available for unlawful eviction. Unlawful eviction actions could be if the landlord did not make needed repairs or if he cut off essential services, such as water and heat.

Return of Security Deposit
A landlord may keep the security deposit to pay unpaid rent or fix any damage to the rental property. If the landlord keeps part of the security deposit, he must give a written itemized notice to the evicted tenant of the reasons for keeping the funds. The remaining balance must be returned within 30 days after the tenant has moved.

Thanks and Regards
Michael Earl
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