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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31368
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I signed a year lease in South Carolina in a high end

Customer Question

Hello I signed a year lease in South Carolina in a high end neighborhood for a high price several months rent down deposit first I got there signed lease stayed first night bed bugs left next morning sent a message to property manager about it they sent out company was treated so couldn't use it then 2 weeks later we were finally able to stay so we came and stayed the night we still got bites sent a message about it and pictures now they say they will get a dog out there to see if any alive that the pest people said all were dead I found? I am honestly just sick of it, I spent thousands on new bedding. Can I get out of the lease for not being habitable? Thank you.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Have you talked to a lawyer yet?
Customer: Myrtle Beach
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 6 months ago.

It is possible to cancel the lease if certain protocol is followed.

S.C. Stat. 27-40-610 (Noncompliance by landlord in general) says:
(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 27-40-440 materially affecting health and safety or the physical condition of the property, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice if the breach is not remedied within fourteen days. The rental agreement shall terminate as provided in the notice except that:

(1) The rental agreement shall not terminate by reason of the breach:

(i) if the breach is remedial by repairs or otherwise and the landlord adequately remedies the breach before the date specified in the notice; or

(ii) if such remedy for a breach not affecting health and safety cannot be remedied within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time.

(2) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with the tenant's permission or who is allowed access to the premises by the tenant.

(b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief in a magistrate's or circuit court, without posting bond, for any noncompliance by the landlord with the rental agreement or Section 27-40-440. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees.

(c) If the rental agreement is terminated, the landlord shall return security recoverable by the tenant under Section 27-40-410. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees.

Expert:  Roger replied 6 months ago.

Thus, if you make demand and give the landlord 14 days to remedy the problem, and he/she doesn't resolve the issue, you could then cancel under the above statute.

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