What can I do to force my landlord into making repairs?
Full Question:
Answer:
A landlord has a duty to maintain the premises in a habitable condition. If the landlord fails to do so, and the failure affects the tenant's 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 of duty 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 cremedied within fourteen days.
If the landlord makes an adequate repair of the condition, or attempts to do so within 14 days, and completes the repair within a reasonable time, the lease may not be terminated. 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 § 27-40-440. If the landlord's noncompliance is willful, the tenant may recover reasonable attorney's fees. If the lease is terminated, the tenant is entitled to a return of the security deposit.
The following are SC statutes:
§ 27-40-610. Noncompliance by landlord in general.
(a) Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a
noncompliance with § 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 § 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 § 27-40-410. If the landlord's
noncompliance is wilful, the tenant may recover reasonable attorney's
fees.
§ 27-40-440. Landlord to maintain premises.
(a) A landlord shall:
(1) comply with the requirements of applicable building and housing
codes materially affecting health and safety;
(2) make all repairs and do whatever is reasonably necessary to put and
keep the premises in a fit and habitable condition;
(3) keep all common areas of the premises in a reasonably safe
condition, and, for premises containing more than four dwelling units,
keep in a reasonably clean condition;
(4) make available running water and reasonable amounts of hot water at
all times and reasonable heat except where the building that includes the
dwelling unit is not required by law to be equipped for that purpose, or
the dwelling unit is so constructed that heat or hot water is generated
by an installation within the exclusive control of the tenant and
supplied by a direct public utility connection;
(5) maintain in reasonably good and safe working order and condition
all electrical, gas, plumbing, sanitary, heating, ventilating, air
conditioning, and other facilities and appliances, including elevators,
supplied or required to be supplied by him. Appliances present in the
dwelling unit are presumed to be supplied by the landlord unless
specifically excluded by the rental agreement. No appliances or facilities
necessary to the provision of essential services may be excluded.
(b) If the duty imposed by paragraph (1) of subsection (a) is greater
than any duty imposed by any other paragraph of that subsection, the
landlord's duty must be determined by reference to paragraph (1) of
subsection (a).
(c) The landlord and tenant of a single family residence may agree in
writing that the tenant perform the landlord's duties specified in
paragraph (5) of subsection (a) and also specified repairs, maintenance
tasks, alterations, and remodeling, but only if the transaction is
entered into in good faith and not for the purpose of evading the
obligations of the landlord.
(d) The landlord and tenant of any dwelling unit other than a single
family residence may agree that the tenant is to perform specified
repairs, maintenance tasks, alterations, or remodeling only if:
(1) the agreement of the parties is entered into in good faith and not
for the purpose of evading the obligations of the landlord;
(2) the work is not necessary to cure noncompliance with subsection
(a)(1) of this section;
(3) the agreement does not diminish or affect the obligations of the
landlord to other tenants in the premises.