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A LAW question for the state of South Carolina/apartment renting?

  
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A LAW question for the state of South Carolina/apartment renting?

Postby eddis » Thu Jul 19, 2012 2:18 pm

I am a current law student, so I'm not certain of all of the laws about apartment renting and the duties of management.
Almost two weeks ago, my mother's ceiling in her bedroom (an area close to the window/about a foot away) collapsed. This wasn't just a small 2 feet worth of ceiling...it's about 4-5 feet in length that collapsed. Now this occurred around 11pm on July 7th. My mom called the emergency line that the apartment provides you with in case there are any emergencies. It took them 5 calls before they finally responded. They gave her the run around and said they would call first thing in the morning and send someone out. Well they didn't. My mom had to call and they said we will have someone the following morning. Never happend. My mom went to the office 4 times to complain in 5 days and they responed "Ms. Kasten, you are not the only one without a roof in your apartment." They even suggested she have her brother fix it, but didn't offer to accept a bill to pay for it. It is July 19th and the roof has still not been fixed. She is staying with her brother a few miles away to avoid the major risk factors that can harm her if she stays in that condition. (Btw she lives on the 2nd floor). I looked up local tenant rights, laws etc online and it said that landlords must obide by certain duties even if it is not on the lease.
I need some insight on this b/c my mom is a pushover and she thinks that she needs the apartment, when that apartment complex needs her. I sent her the link to what I wrote up above about the law and I told her to highlight relevant material and hand deliver it to them and request the number for corporate. She said that the last time she went to complain, they said they have contacted corporate...which I don't believe for a second. I told her she could also call DHEC or a building inspector.

My question is... what else can be done here? Are they lying to her about saying that the state of south carolina doesn't require landlords/apartment management to have something fixed in a certain time period even when it is a health risk? Please help, Thank you
eddis
 
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A LAW question for the state of South Carolina/apartment renting?

Postby hampton83 » Thu Jul 19, 2012 2:22 pm

She needs to notify them in writing and send it certified. This is proof she reported it. She must give them a reasonable time to fix it. How dangerous is it? She can go to court and get out of her lease.
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A LAW question for the state of South Carolina/apartment renting?

Postby flannagain » Thu Jul 19, 2012 2:28 pm

Surprisingly it is true that the law in South Carolina is non-descript to the amount of time a landlord has to respond to a maintenance issue. But the law does allow for alternative remedies. I don't understand the health risk that exists unless you and your mother are under the belief that the rest of the roof is going to cave in, instead of the small piece of dry wall that had fallen. Regardless, the law in South Carolina states that Mom has a couple of options. She can inform the landlord in writing that if the repairs are not done by a specific date she will hire someone herself and deduct the cost from her rent. Or she can use this cause to sue the landlord for breach of contract to end her tenancy and vacate the property without penalty (like being due a full refund of the security deposit,assuming no damages are left behind). Check out section 27-40-610 and 27-40-440 of the landlord tenant act (see link) and determine for yourself. Good Luck
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