Helpful tips

What happens if you break your lease in South Carolina?

What happens if you break your lease in South Carolina?

So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because South Carolina requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.

What to do if a tenant wants to break the lease?

Ask the tenant to provide a written 30-day notice for your records that they will be breaking the lease. Explain to the tenant that they are legally liable for rent for the entire lease agreement; however, you will try to re-rent it as soon as possible as part of the good-faith effort required by most states.

How to file a complaint against a South Carolina landlord?

Alternatively, one can file a complaint with the federal Department of Housing and Urban Development. South Carolina landlords are, in general, required to give at least 24 hours of notice before entering an inhabited property. Landlords and tenants can create their own entry notice agreement in the lease agreement.

How much notice do you have to give a landlord in South Carolina?

South Carolina landlords are, in general, required to give at least 24 hours of notice before entering an inhabited property. Landlords and tenants can create their own entry notice agreement in the lease agreement. Landlords are allowed to enter without permission in emergencies.

Breaking a lease for any of the above reasons or in any conditions not previously outlined can have tangible consequences for tenants. South Carolina state law does require landlords to take reasonable steps to rerent their unit when a tenant breaks their lease. This is referred to as the landlord’s duty to “mitigate damages”.

Can a landlord lock out a tenant in South Carolina?

In South Carolina, landlords are not allowed to lockout tenants (§ 27-40-760). The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease.

When to give notice to landlord in South Carolina?

In South Carolina, landlords must give you notice before they enter your rental unit. The notice shouldn’t be given in less than 24 hours. A landlord can only enter your rental unit for specific reasons, unless:

What should I do if my landlord refuses to break my lease?

This is usually done by electing to have the landlord keep the security deposit, typically 1-month’s rent. If the landlord is unwilling to break the lease it may be in the best interest of the tenant to look up the laws in the State or seek the advice of a local attorney.