Full question:
The water connection to the bathrooms in my rented apartment has been interrupted for over 2 days now. I have notified my landlord regarding the problem. He has not responded to the notices up until today. What are the legal remedies available to me as a tenant in South Carolina?
- Category: Landlord Tenant
- Date:
- State: South Carolina
Answer:
In South Carolina, landlords must keep rental units habitable, which includes providing essential services like running water (S.C. Code Ann. § 27-40-440). If your landlord fails to do so, you have specific legal remedies.
If the landlord is negligent or willfully fails to provide essential services, you can give written notice specifying the issue. You may then:
- Procure the necessary services yourself and deduct the cost from your rent.
- Recover damages based on the decrease in the fair-market rental value of your unit, along with reasonable attorney's fees.
However, you cannot make repairs and deduct those costs without the landlord's consent, as any unauthorized repairs may lead to unenforceable mechanic's liens (S.C. Code Ann. § 27-40-630). In your case, since the landlord has not responded to your notices, you may proceed under these provisions due to their violation of their duties.
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.