What should I do if my landlord hasn't given me my apartment keys?

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?

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.

FAQs

Affording an apartment depends on your expenses and the local rental market. A common guideline is that your rent should not exceed 30% of your monthly income. If you make $2000 a month, aim for rent around $600. However, consider additional costs like utilities, groceries, and transportation when budgeting. Always assess your financial situation to determine what you can comfortably afford.