Full question:
My rental apartment was charred completely due to fire that spread from a neighboring apartment. The apartment is situated in Greenville, South Carolina. What do I do in this situation?
- Category: Landlord Tenant
- Date:
- State: South Carolina
Answer:
In South Carolina, for situations where the leased rental unit has been damaged by fire or other casualties, the provisions enumerated in S.C. Code Ann. § 27-40-650 shall come into operation. It reads:“(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the tenant may:
(1) immediately vacate the premises and notify the landlord in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair-market rental value of the dwelling unit.
***”
In the given instance, since the apartment is not habitable anymore, the tenant may terminate the lease agreement per the provision quoted above. He may vacate the premises and notify the landlord of his intention to terminate the rental agreement in writing within 7 days. The lease shall stand terminated on the date of vacating the premises.
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.
