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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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How do I get my landlord to observe the "right of notice" to

Customer Question

How do I get my landlord to observe the "right of notice" to enter my apartment?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Entering a tenant's property at will without notice, unless there's an emergency, is a breach of the right to quiet enjoyment of the premises. S.C. Code of Laws, Section 27-40-530. The tenant could actually sue for damages, plus an injunction against entering in the future. Once there's a court order, every time they enter in violation of the statute, they're in contempt of court. You can request additional damages, and if it happens enough, a judge could actually throw them in jail.
Another option, if you prefer to avoid going to court, is to see if there is a tenants' rights organization in your area that will send the landlord a "Cease and desist" letter on your behalf, letting them know that you WILL sue if this behavior continues.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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