(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.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 40 - Residential Landlord And Tenant Act
Section 27-40-10. Short title.
Section 27-40-20. Purposes; rules of construction.
Section 27-40-30. Supplementary rules of law applicable.
Section 27-40-40. Construction against implicit repeal.
Section 27-40-50. Administration of remedies; enforcement.
Section 27-40-60. Settlement of disputed claim or right.
Section 27-40-110. Territorial application.
Section 27-40-120. Exclusions from application of chapter.
Section 27-40-130. Jurisdiction and service of process.
Section 27-40-210. General definitions.
Section 27-40-220. Obligation of good faith.
Section 27-40-230. Unconscionability.
Section 27-40-310. Terms and conditions of rental agreement.
Section 27-40-320. Effect of unsigned or undelivered rental agreement.
Section 27-40-330. Prohibited provisions in rental agreements.
Section 27-40-340. Separation of rents and obligations to maintain property forbidden.
Section 27-40-410. Security deposits; prepaid rent.
Section 27-40-420. Disclosure.
Section 27-40-430. Landlord to deliver possession of dwelling unit.
Section 27-40-440. Landlord to maintain premises.
Section 27-40-450. Limitation of liability.
Section 27-40-510. Tenant to maintain dwelling unit.
Section 27-40-520. Rules and regulations.
Section 27-40-540. Tenant to use and occupy.
Section 27-40-610. Noncompliance by landlord in general.
Section 27-40-620. Failure to deliver possession.
Section 27-40-630. Wrongful failure to provide essential services.
Section 27-40-640. Landlord's noncompliance as defense to action for possession or rent.
Section 27-40-650. Fire or casualty damage.
Section 27-40-660. Tenant's remedies for landlord's unlawful ouster or exclusion.
Section 27-40-720. Noncompliance affecting health and safety.
Section 27-40-730. Remedies for absence, nonuse, and abandonment.
Section 27-40-740. Landlord's lien; distress proceeding.
Section 27-40-750. Remedy after termination.
Section 27-40-760. Recovery of possession limited.
Section 27-40-770. Periodic tenancy; holdover remedies.
Section 27-40-780. Landlord and tenant remedies for abuse of access.
Section 27-40-790. Payment of rent into court.
Section 27-40-800. Undertaking on appeal and order staying execution.
Section 27-40-910. Retaliatory conduct prohibited.
Section 27-40-920. Conflict with Title 27.