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Hello, Need help!! I'm trying to find an attorney in the area that has dealt with tenant rights...just have a simple question....if anyone hear knows the answer I would be most greatfull!!
I want to know if we are still protected under the SC Residental Landlord and Tentant Act....we broke our lease with our landlord (we actually have only dealt with the property manager in Charlotte) and moved out of the home on May 29th. A New tenant was found and moved in on June 22nd. We paid the June rent up until the 22nd and had the house professionally cleaned and the carpets were are also professionall cleaned. Now they did tell us by breaking the lease we needed to pay the marketing fee of $500.
Our issues...by what I have been reading by SC law they had 30 days from the time we moved out to get us the security deposit or an explanation of deductions (on the day we moved out I provided a letter as well asking for the security deposit and giving them our new address).... it has now bee over 60 days and we still have recieved NOTHING...no letter of explanation of deductions and NO security deposit!
Are we are able to prosue this further even though we broke the lease, but a tenant was found and we paid until the new tenant moved in?? Help I'm sooo frustrated!
Article 3, 27-40-410 of The South Carolina Code of Laws states:
(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
You did not mention if you paid the $500 marketing fee. This is also called an "early termination fee." If you owe them anything, it will be deducted from your deposit. How much was your deposit?
Also, you will owe rent for a 30-day notice. This notice can be verbal or written in South Carolina. If you didn't pay a full 30-days rent, you may have been charged for that, too.
If you dispute the amount owed on the Security Deposit Disposition form when you get it, you can call the Fort Mill Magistrate or the York County Magistrate and ask to talk to any of the judges. They will advise you what to do. It will not cost you anything to seek relief in Magistrate's court, except filing paperwork.
They are required to inform you within 30 days if you owe anything or if they owe you anything. If you owe them anything above what the security deposit does not cover, they can send it to collections after a set period of time (I think 60 days from move-out)
I would get in touch with them as soon as possible. You are leasing in South Carolina, so North Carolina law does not apply if it is in conflict with South Carolina law. Check the lease you have.
You will not be able to recover "damages" because they didn't send you a report of the security deposit disposition because they don't owe you anything.
thank you lovemyroses....I did pay the last 30 days of rent and I expected them to withhold for the $500 marketing fee...but I have no idea why it's taking them this long.....I also have an email from them in June stating "by law we have to send the debosit to you by the end of the month". this DID NOT happen.
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