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View Full Version : South Carolina Rental NIGHTMARE! Please advise


ITgeek
Nov 6, 2011, 09:24 PM
My wife and I have been in a new rental property for about 8 weeks now. We were a bit on the fence about renting from this lady because she was nit picking and imposes her beliefs and views on to everyone. Her lease was 20 pages detailing everything from keeping the unit clean to how to park your car. We thought everything would be fine because we already did most of what she asked and we are rarely home; and she assured us these matters were only in place for disrespectful people and we seemed like such a lovely couple she doubts it would apply.

Well turns out she is a complete psycho! Our rent was always in advance as she requested (paid between to 25th-30th prior), but she would still call a week early to confirm and every other day until it was in to make sure it was on schedule. Upon having our cable installed she wanted to be present but could not make it. She agreed to let it be connected without her being there as long as nothing was altered and it wasn't. But 2 weeks later the cable company re-ran the drop because it was a violation of city codes and she hit the ceiling! This is when trouble started. She already called me 1-2 times per week for random things now it was worse. She failed a damage claim with the cable company then sent us a 5 pages letter fining us as well.

The fines begin: 1. she then fine us stating my mother comes over too much so we were fined 50% of the rent extra! (this was sent with the cable fine)
2. She fined us for using our own bug spray on spiders & roaches (she refused to exterminate prior to us moving in because she doesn't like killing God's creatures) after she assured us there wasn't a bug problem.
3. she also fined us for not returning our garbage can in a timely manner (on pick up day we leave in the AM and do not return until midnight, working)

She calls us and texts us every other day, she has grounds keepers on the property constantly (Spying and reporting back to her). Some days they are just picking up sticks! We been banned from having our cable fixed or home phone installed. We were promised gutters and have not received any yet; when it rains the walk way is under water and the laundry room floods.

We have refused to pay her fees and refused this months rent until we have gutters, the laundry room fixed, and the bug issue resolved because our request is over the 14 days the law gives. Two days after hearing this she posted a for rent sign on the property (at 9pm), tied a notice to vacate she typed up to a post on our front porch telling us to leave immediately! We were prepared to go to court after being served with an order to show cause but she is trying to evict us without going to the courts. SC state law says this is required and we want to show just cause for a rent deduction for her harassment, rudeness, mis-management, denying us home phone service knowing we both have serious health issues, etc. I know this is a lot but does anyone have advice or suggestion. I'm going to the magistrate tomorrow and I'm pretty sure I should speak with a lawyer. We are just beyond upset with the whole living situation.

ITgeek
Nov 6, 2011, 09:49 PM
After expressing concerns to my landlord about her harassing us and withholding rent until 2 month old repairs are fixed, 2 days after rent's final due date the landlord came in the middle of the night put a for rent sign in the yard and tied a notice to vacate letter she typed up to my post with a piece of rope! She has not contacted the courts at all and she's done this to at least 2 or more families. What can be done to her? Also she has been harassing us since day 1, she has maint guys spying on us, and many other things. She has been a real piece of work and I want to know if I can bring her up on charges for any of this?

ScottGem
Nov 7, 2011, 05:02 AM
First, a notice to vacate is a first step in the eviction process. Under SC law it is NOT required if rental is not paid if the lease specifies so. So you need to read your lease. It is only required once during a lease. You can be given 5 pays to pay or quit. If you neither pay or quit, then she has to go to court.

South Carolina Evictions (http://www.rentlaw.com/eviction/sceviction.htm)

Second you cannot just withhold rent without going through a specific process. Generally this means giving the landlord written notice of the repairs and a time frame to fix the condition. The written notice should include what action you will take if the repairs are not made. This can include making the repairs yourself and deducting them from the rent or withholding rent. If you withhold rent you need to put the rental payment in a separate account pending resolution of the problem.

As for the fines, unless the lease specifies that you can be fined and how much, she can't do it. What damage did the cable installer do?

So what you need to do know is talk to the local housing dept to get the rules and then assemble your proof for your day in court.

ITgeek
Nov 7, 2011, 06:11 AM
She was given written notification of repairs needed 3 weeks ago and has yet to do anything. I understand notice to vacate is the first step but she is making it her only step. As far as the cable no damage was done during the install. Her compliant is that he re-wired an outlet (that was over 30 years old) without her written permission but the tech was informed specifically not to do that and he did anyway. I addressed this issue with the company immediately after the install (which is when he told me he did it). She has not been in the apartment the assess any damages. She is complaining about about the outside maint work they did 2-3 weeks later that I have no knowledge of. They removed the aerial drop and ran it under ground. She is seeking damages from them for doing it without her written permission.

Rent isn't just being withheld with attempting to work with her. I've never been late until now. And I didn't say "oh I'm never paying". I've sent several letters addressing concerns and she either won't respond or only responds if she finds a way to assess more fines and then locks me or says rude things. I am holding the rent until we could talk seriously about issues & repairs needed.

JudyKayTee
Nov 7, 2011, 06:14 AM
Rent isn't just being withheld with attempting to work with her. I've never been late until now. And I didnt say "oh I'm never paying". I've sent several letters addressing concerns and she either won't respond or only responds if she finds a way to assess more fines and then locks me or says rude things. I am holding the rent until we could talk seriously about issues & repairs needed.


You cannot simply withhold rent without notifying her you are not paying for specific reasons. You have notified her or not?

ITgeek
Nov 7, 2011, 06:18 AM
I have notified her of everything and in a very timely manner.

JudyKayTee
Nov 7, 2011, 06:25 AM
I am asking specifically if you said, "If the repairs are not made on or before X I am withholding rent until they are."

For added insurance against eviction and losing money I'd put the money in a separate bank account.

ScottGem
Nov 7, 2011, 06:30 AM
I understand notice to vacate is the first step but she is making it her only step.

She can't, pure and simple. If she makes any attempt to lock you out or remove your belongings without a court order you can sue the pants off her. And I would let her know it.