i want out!

[Dione]

i am from south carolina and i feel like i am living in hell. my landlord has not fixed my leaking toilet after numerous request since december 2001. my tiles on my floor behind my toilet are rusted from water and i am sick of it. i have complained constantly about my neighbor's loud music since day one with no results with numerous complaints to the rental office as well as the police department. and have also tripped at least 3 times on my stairway because there is no lighting. i want to leave but was told that i will have to pay 2 months rent and every month until the apartment is rented. is that fair or can i break my lease with no penalty?

 

[JETX]

Q: "is that fair or can i break my lease with no penalty?"
A: Of course its 'fair'. After all, YOU are responsible for 'interviewing' the apartment before you signed the lease. So, assuming that at least some of the problems you note were there when you signed, why did you????

With that out of the way, lets look at what you might do to help yourself.

1) Have you noticed the owner AND management in WRITING??? Do you have copies of your WRITTEN notices??

2) From the South Carolina Landlord and Tenant Act:
"SECTION 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."

And if the landlord DOESN'T comply with the above:
"SECTION 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 Section 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 Section 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."
Source for the above: http://www.lpitr.state.sc.us/code/t27c040.htm

So, you can now see what you need to do... and how to do it.

 

[macckkk]

i want to leave but was told that i will have to pay 2 months rent and every month until the apartment is rented. is that fair or can i break my lease with no penalty?



OK here is where we send you back to school...

You were told....Now what is your answer?

UH DUH hoe bout reedin da leeze!

wat doze da leeze sae bout brakin it...doze da leeze sae u gotta pae 2 moonths?

dat wat a judge will look at THE LEASE, not what some landlord's flunky says.


twooooo........yeah you will owe da rent til it is rerented or your leeze runns owt!

BUT you can help the landlord find a new tenant then when the new tenant signs a lease your rent ends!

Thrwweee.....BUY some disposable cameras and take pictures of the leak the stairs etc, and make extra copies and send one set to the landlord...to go with your CERTIFIED RETURN RECIEPT letter....

Dont be lame spend the $4 on the letter. you will need the proof of mailing and the signing of the letter to show a judge

 

[FarmerJ]

Dione If your landlord doesnt make the requested repair with in a reasonable time you could also call your city/ county housing inspections unit and file complaint with them .

 

[nitzy]

I reccomend doing what the last post stated. We had problems with the stairs, leaking water, etc. at a place we rented a while back. I called the city housing code violations bureau and they were extremely helpful. It was amazing how quickly our "slumlord" moved once he knew he was going to start getting fined. Make sure any correspondence w/ the landlord is in writing--send stuff register/reciept mail.