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landlord and tenant
Commercial
The attorneys of the Futeral Law Firm have experience representing
both landlords and tenants in commercial lease disputes. Commercial leases are
based on contract law, and we can assist in deciphering these complicated
documents and understanding your legal obligations based on South Carolina law.
Further, we courtroom experience and will aggressively pursue or defend your
claims in a breach of lease situation.
Residential
The Futeral Law Firm also represents clients in residential landlord and tenant
disputes. Both landlords and tenants alike have many rights, as well as duties,
under the South Carolina Residential Landlord-Tenant Act., which can be found at
S.C. Code Ann. § 27-40-10 to -940.
Outside of litigating disputes between landlords and tenants, we also offer
counseling and advice:
For landlords, we offer a counseling session to be sure you know your rights and
obligations under the act. We will go over the act with you and make sure you
understand its provisions. We will also help you customize a lease to fit your
property and build a form bank for when you need to communicate with your
tenant. In certain instances, a tenant can seek treble (meaning three times)
damages if a landlord does not comply with the act, and we can make you familiar
with the laws to prevent such an instance from occurring. If you are a landlord
who is not familiar with the act, we encourage you to seek advice from an
attorney before a dispute arises.
For tenants, we suggest you consider the following points:
- Before moving in, document the condition of the property in full, making
a list of any flaws or existing damage. You cannot be too detailed in your
record
- Always communicate major events to the landlord in writing and be sure
to save a copy of the letter for yourself. Major events can include
complaints or notice of terminating the lease.
- Read your lease. Do not think that renting property means simply paying
money in exchange for permission to occupy the property. There will be many
provisions you need to be aware of. One example is that some leases do not
terminate upon the end of the term, but instead convert to a monthly lease,
in which you will need to provide the landlord written notice of your intent
to leave at least thirty days prior to leaving.
- Do not unreasonably restrict your landlord’s access to the property or
you will be breaching the lease. The landlord still owns the property and
the law gives your landlord the right to service, maintain, and protect it.
You cannot change the locks without the landlord’s permission.
- Consider buying renter’s insurance. While the landlord maintains an
insurance policy on the building, your personal property may not be
protected in the event of natural disaster or accident.
- Know your rights. The landlord is required to keep the property in a
reasonably safe condition and provide, among other things, running water, a
reasonable amount of hot water, and a reasonable amount of heat. If any of
these essential services are not available, immediately notify the landlord
in writing.
If you or someone you know needs help with a commercial or residential lease, call the Futeral Law Firm
locally at (843) 284-5500, toll free at (877) 913-5500, or fill
out our online questionnaire.
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Disclaimer
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The contents of this web site are for informational purposes regarding legal
issues in South Carolina and are not intended to convey detailed legal advice on
specific issues. Transmission of the information contained in this site or any
sites linked hereto is not intended to create, and receipt does not constitute,
an attorney-client relationship. Our attorneys practice law only in
jurisdictions we are properly authorized to do so and do not seek to represent
anyone in any jurisdiction where this site does not comply with applicable laws
and bar rules. The attorneys of the Futeral Law Firm are
licensed to practice law in the State of South Carolina. Readers should not act
upon the information contained in this site without first seeking the advice of
an attorney licensed to practice in your area.
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