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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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My tenant was evacuated 10 days due to hurricane in SC. Are

Customer Question

My tenant was evacuated 10 days due to hurricane Matthew in SC. Are they responsible for full rent, or do I, as landlord, have to make adjustment? Water and power were out, house was not damaged, but roads were blocked by fallen trees, so they returned asap.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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From a purely legal perspective, the property would have been uninhabitable so the tenant would normally be excused from paying rent. But since this was an "Act of God" in a situation like that, each party bears their own damages. So you wouldn't be obligated to credit them for the 10 days since it was nature that was responsible for the property not being habitable, not anything you did.

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thanks

Barrister

Customer: replied 1 month ago.
Is this the case specifically in the state of South Carolina? It seems states may differ.
It likely doesn't matter, but as landlord I absorbed many expenses to the exterior of the property due to the storm, But the interior and tenants' belongings were unharmed
Expert:  barristerinky replied 1 month ago.

This is just a general common law when there are disasters like tornadoes, hurricanes, earthquakes, forest fires, etc, that are considered "Acts of God". There is no specific SC statute that addresses this under the South Carolina Residential Landlord and Tenant Act.

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thanks

Barrister

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