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I'm trying to figure out what my legal rights are regarding…

I'm trying to figure...

I'm trying to figure out what my legal rights are regarding the house I'm renting. They started construction before I was set to move out and they are making it impossible for me to live here. Do I have the legal right to refuse work being done on the house I am renting.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

South Carolina. Horry county.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We didn't really have a lease and it was over 3 years ago, let me see if I can find it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ok I found the lease, not sure how long the lease is good for.

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Customer reply replied 4 months ago
I am going to add a copy of the lease, again this was several years ago, we never renewed the lease. I will scan it now.
Answered in 7 minutes by:
4/9/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,894
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were a month to month tenant because the lease has expired and was not renewed, they still have to give you 30 day written notice to vacate. Also, if they began construction, which made the premises not habitable, before that time was up they are in breach of lease and engaging in a constructive illegal eviction.

So if they are starting construction and interfering with your rights as a month to month tenant, then you have grounds to sue them for breach of lease for interfering with the peaceable use and enjoyment of the property as required AND for constructive illegal eviction for not giving you 30 day written notice to leave and the time to do so. You can seek damages in the refund of all rent paid for the month PLUS costs of moving.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,894
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
What is meant by notice, yes she texted me and told me should would like to start construction, but did not ask me to vacate.
What is meant by not habitable? I mean you can live here but it is a huge inconvenience, they are tearing up the mater bathroom and bedroom floor and next week starting on the kitchen floor. I can't take it anymore and want to know if I have the legal right to ask her to stop construction until our agreed upon move out date?

Thank you for your reply.

She needs to give you 30 day notice that you need to leave in writing, not text. Habitable means you can use the premises and that you have use of the premises. If they are tearing up the bedroom and master bath, then you are not getting use and enjoyment of the premises, which is a constructive eviction without proper notice and as such grounds to sue or demand she cease until your move out date.

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