Tenant Rights In Eviction

Summary

In West Virginia, landlords are required to provide a 30-day notice before terminating a month-to-month lease. This rule applies even if the tenant owes partial rent. The landlord cannot immediately evict the tenant without providing this notice.

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I am reading my rental contract and it says What woyou cannot withhold or offset rent unless authorized by law
Can you please clarify your location so I can provide accurate information about your local rental laws?
What does that mean
It means, can you tell me where you are located? This will help me provide information relevant to your local rental laws.
Horry County South Carolina
What specific issue are you facing with your rental contract?
I am being taken to court for eviction I am wanting to get my side of the story out that the reason I have not paid rent was because the landlord / property management company refuse to fix the AC for 65 days and then my roommate left so now I can't afford the rent when they could have just fixed the AC and all would have been good
Did you notify your landlord about the AC issue in writing? In South Carolina, tenants may be able to withhold rent if the landlord fails to make necessary repairs.
- South Carolina law (S.C. Code Ann. §§ *-*-* to *-*-*) allows tenants to withhold rent.
- You must notify the landlord in writing about the issue.
- If the landlord doesn't fix the issue within 14 days, you may be able to withhold rent.
Is there anything else I can help with?
Yes
In South Carolina, if you've notified your landlord in writing and they haven't made necessary repairs within 14 days, you can withhold rent.
- S.C. Code Ann. §§ *-*-* to *-*-*
Is there anything else I can help with?
No
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I have a question for you If by law in South Carolina a landlord must keep a property habitable and must repair certain things are they allowed to put in their lease The landlord shall be responsible for repairs to the interior and exterior of the building If the premises includes a refrigerator washer dryer freezer humidifier unit or an AC unit the landlord makes no warranty as to the repair or replacement of units If one or all chef fell to operate can they legally put that in a lease if by law they have to do that
Did you sign a lease that includes this clause about the landlord not being responsible for certain repairs?
Yes apparently this sucks
Did you sign the lease after the AC unit was already broken?
No before
Did you have any knowledge of the AC unit's condition before signing the lease?
This is only a *-year-old house The AC unit that The contractor included is entirely too small therefore and never suffice it so technically it was working but not keeping the house cold and I was aware of this because I've been here for a year and a half I was just with a different property management company My landlord fired them and hired these people in June
Did you inform the new property management company about the AC issue in writing?
Yes
Did the new property management company respond to your written complaint about the AC issue?
Yes they said the landlord was in discussion with the contractor of the house and because the house was only 2 years old she wanted the warranty to pay for it she was not going to pay for a bigger unit out of pocket so it took over 65 days to resolve the situation and now I'm being kicked out for non-payment of rent but that's because my roommate left because it was so freaking hot in here
Did you document the condition of the house during the 65 days when the AC was not working?
Yes I have pictures and I have written temperatures on a piece of paper I don't know how that will hold up in court but
What is the date when you started documenting the condition of the house?
written temperatures on a piece of paper I don't know how that will hold up in court but
Did you share these documented conditions with your landlord or property management company?
Yes I did I first notified them on July 3rd and I would at least once a week text them saying hey what's going on It's hot and I would just be told working on the warranty Don't know when it's going to happen please be patient and then finally on August 25th
Did you keep a record of these text messages? They could serve as evidence of your communication with the landlord.
Yes I have all text messages and my messages in the tenant portal which is like where you pay your rent and you can put maintenance request in there I have those copies also
Did you provide a written notice to your landlord about withholding the rent due to the unresolved AC issue?
I communicated through text message that my roommate was unwilling to pay her half of rent because it was still hot in there and the problem had not been resolved and I wasn't able to pay the full thing myself and then she left after that anyways and so I just haven't made a payment on rent since July *
Did you receive any written response from your landlord or property management company after you communicated about withholding the rent?
Yes plenty of evidence there
What was the response from your landlord or property management company after you communicated about withholding the rent?
He said that you cannot withhold rent that you must steal pay rent
Did you consult a lawyer before deciding to withhold rent?
No
Did you receive any formal eviction notice from your landlord or property management company?
Yes
What is the date on the formal eviction notice you received?
I was served on September 28th
What is the date you are required to vacate the property according to the eviction notice?
Will you have 10 days from that date unless you write an answer which I did and I'm also planning on presenting a counter claim on the court date
What is the date of your court hearing?
October 16th
Did you consult a lawyer before deciding to file a counterclaim?
No
Did you include the evidence of the AC issue and your communication with the landlord in your counterclaim?
Yes and my answer I attached all evidence and listed it as exhibit A exhibit B etc etc very thorough
Did you also include the clause from your lease agreement that states the landlord is not responsible for certain repairs in your counterclaim?
No because unfortunately I am just now realizing this
Did you consult a lawyer before signing the lease agreement?
No
Did you receive any legal advice or guidance before deciding to withhold rent?
No
Did you receive any written notice from your landlord or property management company about the consequences of withholding rent?
Yes
What was the content of the written notice about the consequences of withholding rent?
Oh I meant to say no I'm sorry I did not receive anything like that It's not even I'm an intentionally withholding It's because they're lack to fix the AC cause my roommate to move out and I can't afford it by myself so the only reason I haven't paid it is because I can't and I also need that money to secure other housing which I have found but I can't move there until November 1st so I'm going to be asking the judge to please allow me to continue to stay here until the 1st and I promise I will be out
Did you inform your landlord about your plan to stay until November 1st and your promise to move out by then?
Yes And they don't care they want me out now Heck they wanted me out a month ago but I'm dragging this out as long as I can
Did you provide your landlord with a written notice about your plan to stay until November 1st?
No I figured I would just bring it up in court
Did you consult a lawyer about your plan to bring up your intention to stay until November 1st in court?
No
Did you receive any response from your landlord after you informed them about your plan to stay until November 1st?
Yes he wrote in a text message that he just could not understand how I was still here his conscience would never allow him to stay somewhere for free like just get out already kind of statement
Did you save this text message from your landlord? It could be useful in court.
Yes
What is the exact wording of the clause in your lease regarding the landlord's responsibility for repairs?
It says we'll maintain the dwelling in good order and pay for the repair and maintenance subject to the repair procedures set forth in this lease okay that is one description and then in another section it says The landlord shall be responsible for repairs to the interior and exterior of the building If the premises includes a refrigerator washer dryer freezer or AC unit the landlord makes no warranty as to the repair or the replacement of units if one or all shall fail to operate
Did you have a chance to discuss this clause with your landlord or property management company before signing the lease?
No I just noticed it today
Did you have any legal advice or guidance before signing the lease agreement that included this clause?