reglab/housing_qa huggingface dataset:
SC Code § 27-40-640 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-640. Landlord's noncompliance as defense to action for possession or rent.

 (a) In an action for possession based upon nonpayment of the rent or in an action for rent concerning a period when the tenant is in possession, the tenant may rely on the rental agreement or the provisions of this chapter to assert defenses and to counterclaim for any amount recoverable thereunder. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover, in addition to actual damages, reasonable attorney's fees.  (b) Notwithstanding the provisions of subsection (a), a tenant is considered to have waived violation of a landlord's duty to maintain the premises as set forth by the rental agreement or violation of the landlord's duties under Section 27-40-440 as a defense in an action for possession based upon nonpayment of rent or in an action for rent concerning a period where:  (1) the landlord has no notice of the violation of the duties fourteen days before rent is due for violations of Section 27-40-440 involving services other than essential services; or  (2) the landlord has no notice before rent is due which provides a reasonable opportunity to make emergency repairs necessary for the provision of essential services.  (c) In an action for rent concerning a period when the tenant is not in possession, he may assert defenses and counterclaims as provided in subsection (a) but is not required to pay any rent as required by Section 27-40-790.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-650 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-650. Fire or casualty damage.

 (a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the tenant may:  (1) immediately vacate the premises and notify the landlord in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or  (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair-market rental value of the dwelling unit.  (b) Unless the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant, if the rental agreement is terminated, the landlord shall return security recoverable under Section 27-40-410 and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. A landlord may withhold the tenant's security deposit or prepaid rent if the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant; however, if the landlord withholds a security deposit or prepaid rent, he must comply with the notice requirement in Section 27-40-410(a).  HISTORY: 1986 Act No. 336, Section 1; 1995 Act No. 112, Section 5.
SC Code § 27-40-660 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-660. Tenant's remedies for landlord's unlawful ouster or exclusion.

 If a landlord unlawfully removes or excludes the tenant from the premises, or wilfully diminishes services to tenant by interrupting or causing interruption of essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated the landlord shall return security recoverable under Section 27-40-410.  HISTORY: 1986 Act No. 336, Section 1.  Subarticle II  Landlord Remedies
SC Code § 27-40-720 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-720. Noncompliance affecting health and safety.

 (a) If there is noncompliance by the tenant with Section 27-40-510 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and the tenant shall reimburse the landlord for the cost and, in addition, the landlord shall have the remedies available under this chapter.  (b) If there is noncompliance by the tenant with Section 27-40-510 materially affecting health and safety other than as set forth in subsection (a) above, and the tenant fails to comply as promptly as conditions require in case of emergency, or within fourteen days after written notice by the landlord if it is not an emergency, specifying the breach and requesting that the tenant remedy within that period of time, the landlord may terminate the rental agreement.  HISTORY: 1986 Act No. 336, Section 1; 1995 Act No. 112, Section 6.
SC Code § 27-40-730 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-730. Remedies for absence, nonuse, and abandonment.

 (a) The unexplained absence of a tenant from a dwelling unit for a period of fifteen days after default in the payment of rent must be construed as abandonment of the dwelling unit.  (b) If the tenant has voluntarily terminated the utilities and there is an unexplained absence of a tenant after default in payment of rent, abandonment is considered immediate and the fifteen day rule as described in (a) does not apply.  (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy, subject to the landlord's remedies under Section 27-40-740. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is considered to be a month or a week, as the case may be.  (d) When a dwelling unit has been abandoned or the rental agreement has come to an end and the tenant has removed a substantial portion of his property or voluntarily and permanently terminated his utilities and has left personal property in the dwelling unit or on the premises with a fair-market value of five hundred dollars or less, the landlord may enter the dwelling unit, using forcible entry if required, and dispose of the property.  (e) When a dwelling unit has been abandoned or the rental agreement has come to an end and the tenant has left personal property in the dwelling unit or on the premises in the cases not covered by subsection (d) above, the landlord may have the property removed only pursuant to the provisions of Sections 27-37-10 to 27-37-150.  (f) Where property is disposed of by the landlord pursuant to subsection (d) and the property was in excess of five hundred dollars, the landlord is not liable unless the landlord was grossly negligent.  HISTORY: 1986 Act No. 336, Section 1; 1995 Act No. 112, Section 7.
SC Code § 27-40-740 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-740. Landlord's lien; distress proceeding.

 (a) A contractual lien or contractual security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter.  (b) A landlord may enforce collection of rent by distress only pursuant to Chapter 39, Title 27; however, the tenant may raise defenses to the issuance of a distress warrant pursuant to the provisions of this chapter or the rental agreement and may take advantage of the property exemptions found in Section 15-41-30.  HISTORY: 1986 Act No. 336, Section 1.  Code Commissioner's Note  At the direction of the Code Commissioner, the reference was changed from Section 15-41-200 to Section 15-41-30 because Act 415 of 1988 renumbered Section 15-41-200 to 15-41-30.
SC Code § 27-40-750 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-750. Remedy after termination.

 If the rental agreement is terminated, the landlord has a right to possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-760 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-760. Recovery of possession limited.

 A landlord may not recover or take possession of the dwelling unit by action or otherwise, including wilful diminution of required essential services to the tenant by interrupting or causing the interruption of services, except in case of abandonment, surrender, termination, or as permitted in this chapter.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-770 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-770. Periodic tenancy; holdover remedies.

 (a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.  (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.  (c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. If the tenant's holdover is a wilful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three months periodic rent or twice the actual damages sustained by him, whichever is greater and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section 27-40-310(d) applies.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-780 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-780. Landlord and tenant remedies for abuse of access.

 (a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in magistrates' or circuit court without posting bond to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.  (b) If the landlord knowingly makes an unlawful entry or repeated lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief in magistrates' or circuit court without posting bond to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney's fees.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-790 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-790. Payment of rent into court.

 In any action where the landlord sues for possession and the tenant raises defenses or counterclaims pursuant to this chapter or the rental agreement:  (a) The tenant is required to pay the landlord all rent which becomes due after the issuance of a written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to provide the tenant with a written receipt for each payment except when the tenant pays by check. If the landlord and tenant disagree as to the amount of rent or the time of payments thereof, the court shall hold a hearing as soon as feasible after the issues have been joined, and preliminarily determine the matter. In the event that the basis for the disagreement of the amount of rent due is the landlord's alleged violation of the rental agreement or the provisions of this chapter, the rent to be paid must be the fair-market rental value of the premises at the time of the hearing. Rent must not be abated 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 his permission or who is allowed access to the premises by the tenant.  (b) The tenant is required to pay the landlord all rent allegedly owed prior to the issuance of the rule, provided, however, that in lieu of the payment the tenant may be allowed to submit to the court a receipt and cancelled check, or both, indicating that payment has been made to the landlord.  In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid to the landlord in the same manner as in subsection (a) or (b) of this section.  (c) Should the tenant not appear and show cause within ten days, the court shall issue a warrant of ejectment pursuant to Section 27-37-40 of the 1976 Code.  Should the tenant appear in response to the rule and allege that rent due under subsections (a) or (b) has been paid, the court shall determine the issue. If the tenant has failed to comply with subsections (a) or (b), the court shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable.  (d) If the amount of rent due is determined at final adjudication to be less than alleged by the landlord, decision must be entered for the tenant if he has complied fully with the provisions of this section.  HISTORY: 1986 Act No. 336, Section 1; 1995 Act No. 112, Section 8.
SC Code § 27-40-920 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-920. Conflict with Title 27.

 Chapter 35, Title 27, Chapter 37, Title 27, and Article 3, Chapter 39, Title 27, of the 1976 Code are not applicable to the leasing or renting or to leases or rental agreements concerning any real property insofar as they are inconsistent with the provisions of this chapter, including the rights and remedies of landlords and tenants thereto.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-930 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-930. Severability.

 If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-940 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-940. Prior transactions.

 Transactions entered into before the effective date of this chapter, and not extended or renewed on or after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the repeal or amendment had not occurred.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-41-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 41 - Undertenants Of Life Tenants|Section 27-41-10. Recovery of rent from undertenant on death of life tenant.

 When any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements or hereditaments to an undertenant which determined on the death of such tenant for life, the executors or administrators of such tenant for life shall and may recover of and from such undertenant of such lands, tenements or hereditaments the rent thereof as prescribed in Section 27-41-20.  HISTORY: 1962 Code Section 41-251; 1952 Code Section 41-251; 1942 Code Section 8797; 1932 Code Section 8797; Civ. C. '22 Section 5264; Civ. C. '12 Section 3494; Civ. C. '02 Section 2480; G. S. 1805; R. S. 1924; 1712 (2) 577.
SC Code § 27-41-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 41 - Undertenants Of Life Tenants|Section 27-41-20. Proportion of rent to be paid at death of life tenant.

 If such tenant for life die on the day on which the rent was payable, the whole of such rent shall be so recovered but if such tenant for life die before such day a proportion of such rent, according to the time such tenant for life lived of the last year or quarter of a year, or other time in which the rent was growing due as aforesaid, making all just allowances, shall be so recovered; or a reasonable part thereof, respectively, shall be so recovered if the recovery of the whole or such portion thereof as aforesaid shall be unreasonable.  HISTORY: 1962 Code Section 41-252; 1952 Code Section 41-252; 1942 Code Section 8798; 1932 Code Section 8798; Civ. C. '22 Section 5265; Civ. C. '12 Section 3495; Civ. C. '02 Section 2409; G. S. 1806; R. S. 1924; 1712 (2) 577.
SC Code § 27-41-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 41 - Undertenants Of Life Tenants|Section 27-41-30. Undertenant's right to possession.

 If any person shall rent or hire lands of a tenant for life and such tenant for life dies, the person hiring such land shall not be dispossessed until the crop of that year is finished, he securing the payment of the rent when due.  HISTORY: 1962 Code Section 41-253; 1952 Code Section 41-253; 1942 Code Section 8799; 1932 Code Section 8799; Civ. C. '22 Section 5266; Civ. C. '12 Section 3496; Civ. C. '02 Section 2410; G. S. 1807; R. S. 1926; 1789 (5) 111.
SC Code § 27-43-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 43 - Cemeteries|Section 27-43-10. Notice of proposed removal; due care required.

 A person who owns land on which is situated an abandoned cemetery or burying ground may remove graves in the cemetery or ground to a suitable plot in another cemetery or suitable location if:  (1) It is necessary and expedient in the opinion of the governing body of the county or municipality in which the cemetery or burying ground is situated to remove the graves. The governing body shall consider objections to removal pursuant to the notice under item (2) or otherwise before it approves removal.  (2) Thirty days' notice of removal is given to the relatives of the deceased persons buried in the graves, if they are known. If no relatives are known, thirty days' notice must be published in a newspaper of general circulation in the county where the property lies. If no newspaper is published in the county, notice must be posted in three prominent places in the county, one of which must be the courthouse door.  (3) Due care is taken to protect tombstones and replace them properly, so as to leave the graves in as good condition as before removal.  HISTORY: 1962 Code Section 57-421; 1960 (51) 1906; 1994 Act No. 287, Section 1.
SC Code § 27-43-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 43 - Cemeteries|Section 27-43-20. Removal to plot agreeable to governing body and relatives; determination of suitable plot in case of disagreement.

 The plot to which the graves are removed shall be one which is mutually agreeable between the governing body of the county or municipality and the relatives of the deceased persons. If a suitable plot cannot be agreed upon between the parties concerned the matter shall be finally determined by a board of three members which shall be convened within fifteen days after final disagreement on the new location of the plot. The board shall be appointed as follows: One member shall be appointed by the county or municipality, one member shall be appointed by the relatives, and a third member shall be selected by the two. The decision of the board shall be final.  HISTORY: 1962 Code Section 57-422; 1960 (51) 1906.
SC Code § 27-43-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 43 - Cemeteries|Section 27-43-30. Supervision of removal work; expenses.

 All work connected with the removal of the graves shall be done under the supervision of the governing body of the county, who shall employ a funeral director licensed by this State. All expenses incurred in the operation shall be borne by the person seeking removal of the graves.  HISTORY: 1962 Code Section 57-423; 1960 (51) 1906.
SC Code § 27-43-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 43 - Cemeteries|Section 27-43-40. Evidence of abandonment.

 The conveyance of the land upon which the cemetery or burying ground is situated without reservation of the cemetery or burying ground shall be evidence of abandonment for the purposes of this chapter.  HISTORY: 1962 Code Section 57-424; 1960 (51) 1906.