Knowledgeable Myrtle Beach Lawyers with Experience in Complex Landlord-Tenant Disputes
The legal advice you need to navigate a challenging situation
If you own or operate a rental property, you may need to address a number of landlord-tenant disputes. During these times, it’s helpful to work with an experienced attorney with DesChamps Law Firm in Myrtle Beach. We take great pride in serving our friends and neighbors throughout the region, as we’ve done since we opened our doors in 1979. There are very few landlord-tenant matters we cannot address, so don’t hesitate to reach out to us to get the advice you need.
Common landlord-tenant disputes
South Carolina passed the Landlord and Tenant Act in 1986, which applies to most residential leases and controls the rights and duties of tenants. Under the act, a tenant may only bring an action against a landlord to recover damages or to secure legal relief for violations committed by the landlord.
One of the most common landlord-tenant disputes occurs when a tenant refuses to make rent payments. This may happen because the tenant claims the landlord has failed to fulfill a legal duty, such as performing a necessary repair. However, tenants are still legally obligated to make rental payments, and may seek compensation for their legal complaints by contacting an attorney if necessary. The attorneys with our real estate practice are particularly skilled at navigating these matters.
The statute requires that tenants are responsible to keep their rental unit reasonably clean and safe, dispose of garbage and other waste in a safe manner, keep all plumbing fixtures clean, use all appliances in a safe manner, refrain from deliberately damaging or destroying any part of the rental unit, refrain from disturbing other tenants and comply with the unit’s rules and regulations provided they are considered reasonable. If tenants do not comply with any of these requirements, a landlord-tenant dispute is likely to occur.
The statute also contains specific rules about when a landlord can have access to a rental unit. However, if it is found that a tenant unreasonably prevents the landlord from entering the unit with a prospective buyer or tenant, contractor, worker or lender, the renter may be held legally responsible.
Can you avoid these disputes?
Although litigation may be necessary in some situations, there are tactics that landlords in South Carolina can use to attempt to avoid disputes altogether. First, it’s important for landlords to possess a thorough understanding of their rights and responsibilities under local, state and federal law to ensure they do not unintentionally violate a tenant’s rights.
It’s also helpful for a landlord to do everything possible to make sure the terms of the rental agreement are as clear as possible. Keeping an open line of communication is key, as it will make it much easier to diplomatically discuss any problems that arise. Landlords should keep copies of correspondence and take notes about conversations regarding any problems.
A trusted law firm for landlord-tenant disputes in South Carolina
If you’re engaged in a residential or commercial landlord-tenant dispute, speak with an experienced attorney with DesChamps Law Firm today. To set up a meeting, call 843-353-6120 or contact us online.