Can I be evicted for complaining about noise from my neighbors?

Full question:

I lease an apartment in South Carolina. I received an eviction notice to vacate within 30 days. The reason given on the eviction notice is I have complained about noise from the tenants living below me. That is the only reason listed. I called the main office in charge of the Apartment Complex and was told that the reason I was being evicted was because of the number of times I called and complained. Is this a valid reason to evict someone. In my opinion I am the victim here because of the noise from late night partying from the college students living below me.

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: South Carolina

Answer:

In South Carolina, a landlord cannot evict you without just cause unless your lease specifically prohibits your actions. The law allows a landlord to issue a written notice if there is a breach of the lease agreement, excluding nonpayment of rent. This notice must detail the breach and give you at least fourteen days to remedy it before the rental agreement can be terminated.

If your landlord unlawfully evicts you or reduces essential services, you may recover possession of the apartment or terminate the lease. In such cases, you could also seek damages equal to three months' rent or twice the actual damages, plus reasonable attorney's fees (S.C. Code Ann. § 27-40-710).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In South Carolina, the minimum eviction notice period depends on the reason for eviction. For most lease violations, landlords must provide a written notice detailing the breach and allow at least 14 days for the tenant to remedy it before terminating the lease. For nonpayment of rent, landlords typically must give a 5-day notice. Always check your lease for specific terms as well. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*