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:
Unless your lease contains a provision prohibiting the actions you took, it does not appear that there is just cause to evict you.
South Carolina law provides that if there is a noncompliance by the tenant with the lease agreement other than nonpayment of rent, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days. The rental agreement terminates as provided in the notice.
South Carolina law also states that if a landlord unlawfully removes or excludes the tenant from the premises, or willfully diminishes services to tenant by interrupting or causing interruption of essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees.
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.
