How many days is a landlord suppose to have to do repairs in an apartment upon notification?
Full Question:
How many days is a landlord suppose to have to do repairs in an apartment upon notification? There is a leak in my apartment that has produced mold and mildew, landlord does not seem to care. What can I do under Senate bill 5049? Speaking of not caring this has been the trend in attitude on many repair issues. Timeliness is not a priority with them what can I do?
05/19/2007 |
Category: Landlord Ten... ยป Repairs |
State: South Carolina |
#5308
Answer:
The applicable South Carolina statutes are as follows:
§ 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.
§ 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.
§ 27-40-630. Wrongful failure to provide essential services.
(a) If the landlord is negligent or wilful in failing to provide
essential services as required by the rental agreement or § 27-40-440,
the tenant may give written notice to the landlord specifying the breach
and may:
(1) procure reasonable amounts of the required essential services
during the period of the landlord's noncompliance and deduct their actual
and reasonable cost from the rent; or
(2) recover damages based upon the diminution in the fair-market rental
value of the dwelling unit and reasonable attorney's fees.
(b) If the tenant proceeds under this section, he may not proceed under
§ 27-40-610 as to that breach.
(c) Under no circumstances should this section be interpreted to
authorize the tenant to make repairs on the rental property and deduct
the cost of the repairs from rent. In the event that the tenant
unlawfully acts without the landlord's consent and authorizes repairs,
any mechanic's lien arising therefrom shall be unenforceable.
(d) Rights of the tenant under this section do not arise until he has
given notice to the landlord and the landlord fails to act within a
reasonable time or if the condition was 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.
§ 27-40-640. Landlord's noncompliance as defense to action for possession
or rent.
(a) In an action for possession based upon nonpayment of the rent or in
an action for rent concerning a period when the tenant is in possession,
the tenant may rely on the rental agreement or the provisions of this
chapter to assert defenses and to counterclaim for any amount recoverable
thereunder. If the defense or counterclaim by the tenant is without merit
and is not raised in good faith, the landlord may recover, in addition to
actual damages, reasonable attorney's fees.
(b) Notwithstanding the provisions of subsection (a), a tenant is
considered to have waived violation of a landlord's duty to maintain the
premises as set forth by the rental agreement or violation of the
landlord's duties under § 27-40-440 as a defense in an action for
possession based upon nonpayment of rent or in an action for rent
concerning a period where:
(1) the landlord has no notice of the violation of the duties fourteen
days before rent is due for violations of § 27-40-440 involving services
other than essential services; or
(2) the landlord has no notice before rent is due which provides a
reasonable opportunity to make emergency repairs necessary for the
provision of essential services.
(c) In an action for rent concerning a period when the tenant is not in
possession, he may assert defenses and counterclaims as provided in
subsection (a) but is not required to pay any rent as required by §
27-40-790.