Why Can My Name Not Be on 2 Leases in North Carolina
Download Printable Version
Introduction
Q. What is the South Carolina Residential Landlord-Tenant Human activity?
It is a law passed in 1986 that protects Due south Carolina house, apartment, and room renters and their landlords. If you lot live in government-assisted housing, this law protects you. You may too have additional protections under federal law.
Q. I don't have a written lease. Does the landlord tenant act yet apply to me?
Yep. This law applies whether or not yous have a written charter. Both oral and written agreements to hire are considered valid leases. The lease must be fair, honest, and reasonable to both the landlord and tenant.
Q. Does the law utilize to me?
It applies to all renters, roomers, landlords and those who act for them, such equally property managers. It does not employ to:
- hospitals, grouping homes, schools, or other institutions;
- employees of the landlord who get housing for their work and live on the worksite;
- tenants who own or partly own the unit;
- units in a cabin or hotel or where the landlord pays special tax on the room.
There are other exceptions to the police force. If you have questions, please phone call a lawyer.
Q. Do I need a lawyer if I take a problem with my landlord?
Maybe. First you should endeavour to tell your landlord in writing about the problem. Be sure to keep a copy of any messages for your own records. If this does not aid, you may desire to file a claim confronting him in Magistrate'south Court if the merits is under $seven,500. If your claim is over $7,500, you lot will probably demand the aid of a lawyer to file in Circuit Court.
Q. Is in that location any limit to how much rent I tin can exist charged?
At that place is no rent command in S Carolina unless you live in housing where your rent is based on your income.
Q. Does the law help me if I have been discriminated against in renting an apartment?
Not this particular law, but other laws practice. If y'all feel y'all have been discriminated confronting, you should phone call the HUD Housing Discrimination Hotline, toll-gratuitous number is 1-800-669-9777. You can as well look over Appleseed'southward brochures about Housing discrimination.
Your Agreement To Rent
Q. What should be included in my rental agreement?
It should include the amount of rent to exist paid, the date the rent is due, and the rules, rights and duties of both the tenant and the landlord.
Q. What should not be included in the rental agreement?
Information technology is illegal to include any weather which make you give up any of your rights under law.
Q. What are my rights if the landlord includes any illegal weather condition?
The illegal status(s) cannot be enforced. You may sue your landlord in court and become money damages and reasonable attorney's fees. Other parts of the charter may still be enforced. Merely considering one part of the lease is illegal doen not mean the entire charter is illegal.
Q. Tin a lease be enforced without either the tenant's or the landlord'due south signature?
Yep, if the landlord gives the tenant a re-create, the tenant moves into the unit and pays rent, and the landlord accepts the hire.
Q. Tin can the landlord make new rules after I movement in?
Yes.
Q. Does the law protect me against unfair rules?
Yes, because:
- You must exist told most the rules when you motility in or when new rules are made;
- The rules must utilize to all tenants in the premises and be reasonable, clear, and fair; and
- The landlord tin can't use the rules to avoid his or her responsibilities nether the law.
Q. What if I don't like the new rules?
If you feel like the new rules change your agreement a lot, y'all should write the landlord within 30 days telling him or her that you object to the new rule.
Q. How much notice must be given before either the landlord or the tenant can end the charter?
If your lease is written, the amount of detect should be stated in information technology. If you accept an oral agreement, either the landlord or the tenant may end the lease past giving observe to the other party. Proper notice is 7 days if you rent by the calendar week or xxx days if yous rent by the calendar month. The observe must exist in writing.
Security Deposits
Q. What is a security deposit?
It is the tenant's money or property held by the landlord in example in that location are damages to the unit or the tenant doesn't pay the rent.
Q. How do I become my deposit back when I motion?
Ask for your deposit back and requite the landlord your new accost in writing. Keep a copy for your records.
Q. How long does the landlord have to render the deposit?
The landlord has 30 days after you motility out or after y'all ask for it dorsum, whichever is after.
Q. When can a landlord keep my security deposit?
Your landlord must give yous an itemized list for any amounts deducted from your security deposit. This includes accrued rent or damages to the unit of measurement, for example.
Q. What happens to my security deposit if the landlord sells the identify I am renting?
You still take a right to get your security eolith back, when the rental agreement ends.
What Must The Tenant Practise?
Q. What are my responsibilities as a tenant?
- Pay rent on the date it is due.
- Do non harm the landlord'southward holding or disturb the other tenants.
- Do your part to go along the unit condom and clean.
- Be responsible for your guests' actions.
Rent
Q. What is hire?
It is whatsoever payment for use of the rental unit. This payment includes late charges, but not security deposits or any other charges.
Q. If I don't pay the rent, what tin can the landlord do?
He must send you a written demand giving you five days to pay the overdue rent. If the rent is not paid within these five days, the landlord tin get to the magistrate to bring a case against you lot and try to evict you.
Check your charter! Your landlord does not accept to give you lot a written demand for the overdue rent if your lease says in large print that no additional find will be given beyond notice in the lease.
If you have a written rental agreement, your landlord but has to give yous a written detect for the overdue rent in one case during the flow.
Q. If I have non paid my hire, can the landlord have any of my property?
Only if the landlord goes to the magistrate and has you served with a distress warrant allowing her to concord your property.
Some property cannot exist taken. If you are served with a distress warrant, y'all should run into a lawyer immediately.
Behave
Q. My landlord wants to evict me because my children take been leaving garbage outside the dumpster and he claims it is attracting rats. Can he exercise this?
Yes.
Q. Sometimes my friend comes over and creates a disturbance by kicking in the door, breaking windows, etc. Can I be forced to move out?
Maybe. It depends on how often this happens or how serious it is.
Q. I tin can't afford to accept my water turned on right now. Can I be forced to move out?
Yes, because the plumbing volition not piece of work, and it is illegal to alive in unsanitary weather condition.
Q. My landlord came in to prepare my sink and left me a note that my house was a wellness take chances and unless I straightened information technology up he would adios me. Can he do this?
Non if your flat was only messy. If your house is rat or roach infested considering of how you go on information technology, and so he can.
Complaints
Q. How do I make a complaint?
Written discover can be given at the place of business where the rental agreement was made or at any place where you pay your hire. Oral notice tin can also be given, merely it is better to put the complaint in writing. The landlord should provide y'all the proper name of a person to contact if you lot have problems, such as a property management visitor. Always keep a copy or log of complaints you take made.
Evictions
Q. Can my landlord evict me without going to court?
No. Any other method, similar locking you out or turning off the utilities, is illegal. If the landlord tries to adios you in an illegal way, you may exist able to stay in the business firm and get damages and attorney's fees from the landlord.
Q. If my landlord goes to court to evict me, what can I practice?
If y'all are served with eviction papers or a Rule to Show Crusade, y'all should go to a lawyer right away. You only take 10 days from the appointment you lot are served to answer to the eviction notice. If you do not respond, the magistrate will issue an guild to put y'all out called an ejectment guild.
Before y'all get to court, think of any defenses you lot might have. For example, if your landlord knew that your apartment was in bad shape before your hire was due and had time to repair simply did non, you should tell the judge. The magistrate may allow you stay if yous can show that your flat is not worth the rent the landlord wants for it. Y'all would then pay what it is worth.
Q. Tin can my landlord evict me for complaining nearly the condition of my apartment?
No. It is illegal for a landlord to endeavor to get fifty-fifty with you for complaining.
Q. Tin the landlord evict me if I've been accused of a crime?
No, they must prove you committed the crime.
Q. Can the landlord evict me if I am criminally convicted for breaking the law in my home?
Probably. You cannot utilise your home for illegal activities, and you cannot allow your family unit or anyone else to use it for illegal purposes.
What Must The Landlord Do?
Q. What are the landlord's duties?
The landlord cannot interfere with your apply of the belongings. The landlord must make all of the repairs and keep the unit in a livable condition. If you live in an apartment building, the landlord also has to go on all mutual areas, like stairs, hallways, yards and the parking lot, in a safe status.
Q. Can the landlord refuse to make repairs if I'm belatedly or behind in paying hire?
No, the landlord must follow the law and state and local edifice and housing codes. These codes mostly require the property exist kept in good shape.
Q. Do I accept to prepare the landlord's furnace or plumbing?
No, the landlord must make oestrus and running hot and common cold water available and must keep electrical plugs, plumbing, ventilation, and appliances in condom, working gild.
Q. What if the landlord's appliances, like the stove or air conditioner, don't work?
The landlord must go on all appliances that came with the unit of measurement in reasonably good and safe working order.
Q. Are in that location any exceptions to the landlord's duties?
Yep. You lot and your landlord can agree in writing for you to fix certain things in the unit as long every bit the landlord is not trying to avoid making repairs he has to make under the law.
Q. How tin I get the landlord to make repairs if I tin can't contact her?
When you concord to hire the unit, the landlord must give you in writing the name of a person to contact if you have problems with the unit.
Q. If the landlord won't make repairs and I want to motility, what should I practice?
Give your landlord written notice of the problems and warn him that if the bug are non stock-still in 14 days or within a reasonable fourth dimension, you volition movement. If the landlord notwithstanding does not make repairs, you can move and will no longer owe him any more than rent. He must still return your security eolith if in that location are no reasons to hold it.
Q. If the landlord won't make repairs and I can't movement, what should I do?
You can take your landlord to court and ask a judge to order your landlord to brand the needed repairs. You can talk with a lawyer about doing this for y'all.
Q. What if I want to stay but my landlord says they tin can't make the repairs unless I move?
You lot can get to court and ask for money amercement caused by your having to movement considering the landlord will not repair. These damages can be things such equally moving costs and college rent at another flat. The judge will decide if yous get the money amercement.
Q. What tin the landlord exercise if I impairment his property?
The landlord tin can ship you written find that the impairment must be repaired within 14 days. If you do not have the repairs made inside 14 days, the landlord may enter the flat and brand the repairs. The landlord may also go to courtroom to evict you lot.
Q. Does the landlord have a correct to come into my habitation whenever they desire?
No. In nearly cases, they must give you lot 24 hours notice before entering your apartment.
Q. What if there is an emergency in the house?
IF there is an emergency, such as a burn or cleaved pipes, then the landlord may enter without your permission.
Revised October 2012
Copyright retained by Due south Carolina Appleseed Legal Justice Middle. For permission to reproduce this brochure contact SC Appleseed P.O. Box 7187 Columbia, SC 29202
Source: https://www.scjustice.org/brochure/landlord-tenant-law-south-carolina/
0 Response to "Why Can My Name Not Be on 2 Leases in North Carolina"
Post a Comment