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Current Status Bill Number:View additional legislative information at the LPITS web site.411 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990127 Primary Sponsor:Hayes All Sponsors:Hayes, Giese Drafted Document Number:l:\council\bills\nbd\11062som99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Rental property, landlord and tenant; written notice for noncompliance; counterclaims History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990127 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 27-40-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, TENANT REMEDIES AND NONCOMPLIANCE BY A LANDLORD, SO AS TO PROVIDE THAT THE TENANT SHALL DELIVER WRITTEN NOTICE TO THE LANDLORD OF THE ACTS OR OMISSIONS CONSTITUTING NONCOMPLIANCE; TO AMEND SECTION 27-40-630, RELATING TO A LANDLORD'S WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES, SO AS TO REQUIRE THE TENANT TO GIVE WRITTEN NOTICE TO THE LANDLORD SPECIFYING THE BREACH AND PROVIDE THAT THE RIGHTS OF THE TENANT DO NOT ARISE UNTIL HE HAS GIVEN THE LANDLORD WRITTEN NOTICE; TO AMEND SECTION 27-40-640, RELATING TO A LANDLORD'S NONCOMPLIANCE AS A TENANT'S DEFENSE IN A LANDLORD'S ACTION FOR POSSESSION OR RENT, SO AS TO REQUIRE THE TENANT TO PROVIDE WRITTEN NOTICE OF HIS REQUEST FOR A HEARING AND THE DEFENSE OR COUNTERCLAIM TO THE LANDLORD AND THE COURT WITHIN TEN DAYS OF SERVICE OF THE ORDER AND RULE TO SHOW CAUSE AND PROVIDE THAT THE TENANT WAIVES VIOLATION OF THE LANDLORD'S DUTY WHERE THE TENANT DOES NOT PROVIDE WRITTEN NOTICE IN TIMELY FASHION OF THE VIOLATION IN CASES OF VIOLATION OF OTHER THAN ESSENTIAL SERVICES; AND TO AMEND SECTION 27-40-790, AS AMENDED, RELATING TO THE PAYMENT OF RENT TO COURT, SO AS TO REQUIRE THE TENANT TO PROVIDE WRITTEN NOTICE OF HIS REQUEST FOR A HEARING AND DEFENSE OR COUNTERCLAIMS TO THE LANDLORD AND THE COURT WITHIN TEN DAYS OF SERVICE OF THE ORDER AND RULE TO SHOW CAUSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-40-610 of the 1976 Code is amended to read:
"Section 27-40-610. (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 shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate terminating the rental agreement 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 terminates as provided in the notice except that:
(1) The rental agreement shall does not terminate by reason of the breach:
(i) if the breach is remedial can be remedied 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 the remedy is commenced within the fourteen-day period and is pursued in good faith to completion and completed 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 as provided by Section 27-40-410. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees."
SECTION 2. Section 27-40-630 of the 1976 Code is amended to read:
"Section 27-40-630. (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 shall 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 pursuant to Section 27-40-610 as to that breach.
(c) Under no circumstances should This section be interpreted to does not authorize the tenant to make repairs on the rental property and deduct the cost of the repairs from rent. In the event that If the tenant acts unlawfully acts without the landlord's consent and authorizes repairs, any a mechanic's lien arising therefrom shall be from the repairs is unenforceable.
(d) Rights of the tenant under this section do not arise:
(1) until he has given written notice to the landlord and the landlord fails to act within a reasonable time or;
(2) 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."
SECTION 3. Section 27-40-640 of the 1976 Code is amended to read:
"Section 27-40-640. (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 an amount recoverable. thereunder The tenant shall provide written notice of the request for a hearing and defense or counterclaim to the landlord and the court within ten days after the order and rule to show cause are served on him. 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) in the case of violations of Section 27-40-440 involving services other than essential services, the landlord has no written 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) in the case of the provision of essential services, the landlord has no notice before rent is due which provides a reasonable opportunity to make necessary 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."
SECTION 4. Section 27-40-790 of the 1976 Code, as amended by Act 112 of 1995, is further amended to read:
"Section 27-40-790. 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 provide written notice of his request for a hearing, defense or counterclaims to the landlord and court within ten days of service on him of the order and rule requiring him to vacate or show cause.
(a)(b) 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)(c) 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 canceled 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)(b) or (b)(c) of this section.
(c)(d) 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)(b) or (b)(c) has been paid, the court shall determine the issue. If the tenant has failed to comply with subsections (a) or, (b), or (c), 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)(e) 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."
SECTION 5. This act takes effect upon approval by the Governor and applies to leases, governed by the provisions of Chapter 40, Title 27 of the 1976 Code, which are entered into or renewed on or after July 1, 1999.
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