What can a tenant legally do if the landlord fails to provide a habitable living environment?

In South Carolina, a tenant has the legal right to a habitable living environment. If the landlord fails to provide this, then the tenant has certain rights. The tenant may have the right to withhold rent. This means that until the landlord fixes the issue, the tenant will not have to pay rent. Depending on the situation, the tenant may also be able to reimburse themselves for repair costs. This includes items such as fixing issues with the plumbing, electricity, and heating/cooling systems. If the landlord still fails to fix the issue, the tenant may be able to file a lawsuit. In the lawsuit, the tenant can ask for damages such as repayment of rent, reimbursement for repair costs, and compensation for any discomfort or inconvenience caused by the issue. The tenant may also be able to break their lease without penalty. This means that the tenant can leave the residence without being responsible for the remaining rent payments, as long as they provide the landlord with proper notice and documentation of the issues. In some cases, the tenant may also be able to get a court order for the landlord to fix the issue by a certain date. This is called an “injunctive relief” and requires the tenant to show that the landlord did not make the necessary repairs in a timely manner. In any case, a tenant should always be sure to keep detailed documentation of any repairs requested and any conversations had with the landlord. This documentation can be helpful in a legal case should the landlord continue to fail to provide a habitable living environment.

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