reglab/housing_qa huggingface dataset:
SC Code § 27-40-310 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-310. Terms and conditions of rental agreement.

 (a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.  (b) In absence of agreement, the tenant shall pay as rent the fair-market rental value for the use and occupancy of the dwelling unit.  (c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day to day.  (d) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-320 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-320. Effect of unsigned or undelivered rental agreement.

 (a) If the landlord does not sign and deliver a written rental agreement which has been signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.  (b) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to the tenant by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.  (c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-330 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-330. Prohibited provisions in rental agreements.

 (a) A rental agreement may not provide that the tenant:  (1) agrees to waive or forego rights or remedies under this chapter;  (2) authorizes any person to confess judgment on a claim arising out of the rental agreement;  (3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.  (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created by the agreement, the tenant may recover in addition to his actual damages an amount not to exceed the security deposit and reasonable attorney's fees. If a landlord maliciously uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created thereby, the tenant may recover in addition to his actual damages an amount not to exceed three months' periodic rent and reasonable attorney's fees.  (c) The provisions of this section shall not operate so as to invalidate bona fide liquidated damage provisions which shall establish the amount of damages for loss of rent resulting from a premature termination of a lease.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-340 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-340. Separation of rents and obligations to maintain property forbidden.

 A rental agreement, assignment, conveyance, trust deed, mortgage, or security instrument may not permit the receipt of rent absent the obligation to comply with Section 27-40-440(a).  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-410 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-410. Security deposits; prepaid rent.

 (a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.  (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.  (c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.  (d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.  (e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.  HISTORY: 1986 Act No. 336, Section 1; 1994 Act No. 498, Section 1.
SC Code § 27-40-420 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-420. Disclosure.

 (a) A landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of an owner of the premises or a person authorized to act on behalf of the owner as agent, inter alia, for purposes of service of process and receiving or receipting notices or demands.  (b) The information required to be furnished by this section must be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.  (c) A person authorized to enter in a rental agreement on behalf of a landlord who fails to comply with subsection (a) with regard to a rental agreement entered into on behalf of the landlord becomes an agent of the landlord for purposes of that rental agreement for:  (1) service of process and receiving and receipting for notices and demands;  (2) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the performance of the obligations all rent collected from the premises and retained by the person on behalf of the landlord.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-430 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-430. Landlord to deliver possession of dwelling unit.

 At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and Section 27-40-440. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in Section 27-40-760(c).  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-440 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-440. Landlord to maintain premises.

 (a) A landlord shall:  (1) comply with the requirements of applicable building and housing codes materially affecting health and safety;  (2) make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;  (3) keep all common areas of the premises in a reasonably safe condition, and, for premises containing more than four dwelling units, keep in a reasonably clean condition;  (4) make available running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;  (5) maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded by the rental agreement. No appliances or facilities necessary to the provision of essential services may be excluded.  (b) If the duty imposed by paragraph (1) of subsection (a) is greater than any duty imposed by any other paragraph of that subsection, the landlord's duty must be determined by reference to paragraph (1) of subsection (a).  (c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraph (5) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.  (d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:  (1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;  (2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section;  (3) the agreement does not diminish or affect the obligations of the landlord to other tenants in the premises.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-450 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-450. Limitation of liability.

 (a) Unless otherwise agreed, a landlord who conveys the premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. However, he remains liable to the tenant for security recoverable by the tenant under Section 27-40-410, unless the security deposit is transferred from the seller to the purchaser and the tenant is notified in writing a reasonable time after the transaction in which case the purchaser is liable under Section 27-40-410.  (b) Unless otherwise agreed, a manager of the premises that includes a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of his management.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-510 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-510. Tenant to maintain dwelling unit.

 A tenant shall:  (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;  (2) keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean;  (3) dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner;  (4) keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean;  (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;  (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant's permission or who is allowed access to the premises by the tenant;  (7) conduct himself and require other persons on the premises with the tenant's permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant's peaceful enjoyment of the premises;  (8) comply with the lease and rules and regulations which are enforceable pursuant to Section 27-40-520.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-520 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-520. Rules and regulations.

 (a) A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:  (1) their purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;  (2) they are reasonably related to the purpose for which they are adopted;  (3) they apply to all tenants in the premises in a fair manner;  (4) they are sufficiently explicit in their prohibition, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;  (5) they are not for the purpose of evading the obligations of the landlord;  (6) the tenant has notice of them at the time he enters into the rental agreement, or when they are adopted.  (b) Rules or regulations adopted after a tenant enters into a rental agreement are not valid as to such tenant if the rules or regulations substantially modify the tenant's bargain and after receiving notice upon adoption of his right to object, the tenant objects in writing to the landlord within thirty days after promulgation.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-530 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-530. Access.

 (a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.  (b) A landlord or his agent may enter the dwelling unit without consent of the tenant:  (1) At any time in case of emergency-prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency;  (2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, provided that the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and that prior to entering, the landlord announces his intent to enter to perform services; or  (3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services.  (c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times.  (d) A landlord has no other right of access except:  (1) pursuant to court order;  (2) as permitted by Sections 27-40-720 and 27-40-730;  (3) when accompanied by a law enforcement officer at reasonable times for the purpose of service of process in ejectment proceedings; or  (4) unless the tenant has abandoned or surrendered the premises.  (e) A tenant shall not change locks on the dwelling unit without the permission of the landlord.  HISTORY: 1986 Act No. 336, Section 1; 1995 Act No. 112, Section 4.
SC Code § 27-40-540 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-540. Tenant to use and occupy.

 Unless otherwise agreed, a tenant shall occupy his dwelling unit only as a dwelling unit and shall not conduct or permit any illegal activities thereon.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-610 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-610. Noncompliance by landlord in general.

 (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.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-620 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-620. Failure to deliver possession.

 (a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 27-40-430, rent abates until possession is delivered and the tenant may:  (1) terminate the rental agreement upon at least five days' written notice to the landlord and upon termination the landlord shall return all prepaid rent and security; or  (2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained by him. Where the landlord is unable to deliver possession due to a previous tenant remaining in possession without the landlord's consent, after the expiration of the term of their rental agreement or its termination, the landlord is not liable for damages pursuant to this subsection, if the landlord made reasonable efforts to obtain possession of the premises.  (b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or twice the actual damages sustained, whichever is greater, and reasonable attorney's fees.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-630 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-630. Wrongful failure to provide essential services.

 (a) If the landlord is negligent or wilful in failing to provide essential services as required by the rental agreement or Section 27-40-440, the tenant may give written notice to the landlord specifying the breach and may:  (1) procure reasonable amounts of the required essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or  (2) recover damages based upon the diminution in the fair-market rental value of the dwelling unit and reasonable attorney's fees.  (b) If the tenant proceeds under this section, he may not proceed under Section 27-40-610 as to that breach.  (c) Under no circumstances should this section be interpreted to authorize the tenant to make repairs on the rental property and deduct the cost of the repairs from rent. In the event that the tenant unlawfully acts without the landlord's consent and authorizes repairs, any mechanic's lien arising therefrom shall be unenforceable.  (d) Rights of the tenant under this section do not arise until he has given notice to the landlord and the landlord fails to act within a reasonable time or if the condition was 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.  HISTORY: 1986 Act No. 336, Section 1.