Full question:
I moved to Clemson 3 days back and haven’t been able to begin my stay in the rented apartment I rented. My landlord is yet to give me the keys to the apartment. What should I do in this situation?
- Category: Landlord Tenant
- Date:
- State: South Carolina
Answer:
In South Carolina, landlords are required by law to provide tenants with possession of the rental unit on the lease start date (S.C. Code Ann. § 27-40-430). If your landlord fails to do this, you have certain rights. According to S.C. Code Ann. § 27-40-620, if possession is not delivered, your rent may be reduced until you receive the keys. You can also:
- Terminate the rental agreement with at least five days' written notice to the landlord, in which case they must return any prepaid rent and your security deposit.
- Demand that the landlord fulfill the rental agreement and, if necessary, take legal action to obtain possession of the apartment and seek damages.
If the landlord's failure to provide access is willful and not in good faith, you may be entitled to recover up to three months' rent or twice the actual damages, plus 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.