Tenant Rights In Evictions

Summary

The tenant is facing eviction due to non-payment of rent after her roommate moved out because the property management company failed to repair the AC unit for 65 days. She has evidence of the property management companys failure to repair the AC unit and the impact it had on her and her roommates living conditions. She plans to file a counterclaim and is seeking advice on how to represent herself in court. She is also seeking additional time to move out of her current residence and into a new one.

Full Conversation

Christina
Hello Christina, nice to meet you. Could you please tell me more about the legal issue you're facing?
I have court on Monday and I will be self-representing myself against my property management company who has served me with a rule to vacate or show cause I sent in my answer to the court My complaint is they refused to fix the AC unit for 65 days therefore my roommate moved out because it was inhabitable and she is an older woman with health problems We were super uncomfortable but she was getting ill from the heat now I do not have a roommate I cannot afford rent I am also going to file a counter claim lawsuit that I will bring to court with me I need all the help I possibly can to word that the best I can advice on how to represent myself how to state my case the best way for the judge so that I win
What state are you located in, Christina? This will help me provide you with the most accurate information.
South Carolina
What evidence do you have to support your claim against the property management company?
In South Carolina, landlords are required to maintain habitable living conditions. If they fail to do so, tenants may have grounds for legal action.
I have the first request for AC repair on July 3rd That was done on the property management portal where I was told to report maintenance issues and then I have 43 days later I wrote back on there saying hey it's been 43 days why is it not fixed The landlord was more concerned with getting the home warranty to pay for the unit she wasn't going to come out of pocket for the cost to fix it immediately she had absolute disregard if we were hot or not and it was excrucially hot this summer. I also have pictures of my thermostat of it being you know set on * but the temperature in here was as hot as * at times. I have the medical records of my older roommate who started experiencing health issues therefore had to move out which left me unable to afford it, I also have text messages between me and the property management company me asking multiple times was taking so long then replying I don't have a date I don't know how long this is going to take It all depends on the home warranty company. I have evidence that it caused me harm because I work from home and that room was so hot that I had to move into the living room which was not as quiet and I started to experience issues with work getting emails from a supervisor asking you know why I wasn't performing as well and what was the background noise It cannot have that etc etc
What is the name of the property management company you are dealing with?
In South Carolina, landlords must provide a habitable living environment. If not, tenants can:
- Deduct repair costs from rent
- Withhold rent
- Sue for damages
- Terminate the lease without penalty
Utopia Property Management management LLC
What is the exact date when your roommate moved out due to the AC issue?
In South Carolina, tenants can sue landlords for failing to maintain habitable conditions. You have strong evidence to support your claim.
August *
What is the amount you are planning to claim in your lawsuit?
I owe them rent that's the problem I am simply asking for the time for me to finish packing the house having movers come I have found somewhere else to go but I can't move in there until October 30th and I don't want to be homeless between the 16th which is the court date and the 30th so I'm basically pleading with the judge to allow me the time to move
What is the amount of rent you owe to the property management company? In South Carolina, tenants can request a delay in eviction proceedings due to hardship.
Well there is a total on the *-day notice that is $*, * but if I go on the portal where I pay rent there has been a $* late fee charge added every single day they also have court filing fees coming to an astronomical total of almost *,* at this point
What is the date of the *-day notice you received? In South Carolina, landlords must provide a *-day notice before filing an eviction lawsuit for nonpayment of rent.
Sept 6th, * mind you this is also the second go at trying to evict me they're very first attempt the judge noticed that they did not serve me a proper *-day notice because it is not stated in their contracts correctly and the judge made them start completely over on the 6th by hand delivering the *-day notice to me that time
What is the name of the court where your case will be heard?
Little River Magistrate's Court
What is the date and time of your court hearing at Little River Magistrate's Court?

Little River Magistrate's Court


Phone: (*) *-*
Address: * State Hwy * N, Little River, SC *
Website: www.horrycounty.org/Courts/Magistrate-Courts
Oct *, * at *:* am
What is the name of the judge presiding over your case?
Gerald Whitley Jr
What is the nature of your relationship with your former roommate? Did you both sign the lease agreement with Utopia Property Management LLC?
Yes I did sign a lease agreement
Did your former roommate also sign the lease agreement?
My former roommate is a family friend the only reason I had her move in was because my partner suddenly passed away and I was left being a single mom all of a sudden and she moved in to help me out because she cares about us but she couldn't live somewhere that was so hot I understand that
Did your former roommate also sign the lease agreement?
No she is only listed as an occupant that was allowed to be here
Did your former roommate provide a written notice to the property management company about her health issues and the reason for her moving out?
She did not but I have text messages of me communicating to Zachary the owner of Utopia property management stressing that she's older she has medical issues she's getting ill It's very hot in here and if you don't fix this ASAP she is going to leave and if she leaves I can't afford the rent and then we're going to have a problem
Did Zachary or anyone from Utopia Property Management respond to your text messages about your roommate's health issues and the AC problem?
Yes he would write back I understand your frustration but I do not have a date yet of when DR Horton is going to okay the new unit because the one that was built with the house was too small It was for a * ft² house so it wasn't sufficing It needed a * and */* ton bigger unit This is * ft². He even wrote in text messages that his DR Horton house that he lives in has the same issue His solution to her health issues was to provide portable AC units which was a joke because they didn't work, they ran the electric bill up even more excessively than the two small of an AC unit that ran day and night and never shut off astronomical electric bills and you have to have your window unlocked to vent it out so that's a security issue
Did you document the condition of the portable AC units and their inability to cool the house effectively?
Yes when he messaged me the next day asking how were the portable air units working and I was like yeah not good and I told him my concerns about the security with the windows having to be unlocked and how much energy they use and how bad my electric bill had been since the excessive heat and the two small of an air unit that never shut off My son was having to sleep in my room on an air mattress on the floor because my room was a few degrees cooler It was ridiculous
Did you inform the property management company about the increase in your electricity bill due to the use of portable AC units?
I did I have text messages to prove all of these conversations and I have them printed out already to bring to court as exhibit A and B
What is the increase in your electricity bill due to the use of portable AC units?
An additional $*.* monthly
What is the total amount you are claiming for the increased electricity bills?
I'm really not concerned about trying to get any money out of them I just want to be granted the time to get out of here and move into my new place without having to be homeless on the streets with my son as a single mother and a recent widow
I understand your situation. Have you informed the court about your request for additional time to move out?
I did not write that in my answer and I regret that how do I fix that should I put that in my counter claim and just bring that to court on Monday
What is the date you submitted your initial answer to the court?
October 9th *
What is the date you plan to move into your new place?
Nov 1st
What is the name of your new landlord or property management company?
It's a private landlord no property management company her name is Teresa
What is the address of your new place?
* Harvester Circle Myrtle Beach SC *
What is the duration of your lease agreement with Utopia Property Management LLC?
August 1st * I have lived here for over a year and a half Utopia property management took over in June * when my landlord fired the other property management company
What is the reason given by Utopia Property Management for serving you with a notice to vacate or show cause?
Non-payment of rent which also they believe constitutes as breach of contract
What is the exact amount of rent you were supposed to pay each month according to your lease agreement with Utopia Property Management LLC?
*
What is the total amount you are claiming for damages due to the AC issue and the subsequent problems it caused?
I don't know I really think I should just ask for the time to move I already know I'm not going to get my security deposit back they're not going to give me any money I owe them rent money
What is the amount of your security deposit?
Elaborate please
How much did you pay as a security deposit when you signed the lease agreement with Utopia Property Management LLC?
*
What is the total amount of late fees and court filing fees that have been added to your rent?
Give me a second to add that up but just by glancing at this I'm finding it very weird that there is multiple charges three times for each date $* for each one so instead of just charging me a $* a day fee they have been charging me $* a day three times a day what
Can you provide a copy of your lease agreement that details the late fee charges?
Yes and it says $* a day not $* three separate charges a day and some dates there's three and then some dates there's two charges of $*
Can you provide the exact dates and the total amount of these multiple $* charges?
Yes I'm highlighting a printout This is current moment My total on there today has now skyrocketed to *,* and that that's crazy
Can you provide the exact date when these multiple $* charges started appearing on your account?
Yes I have it on a very clear print out that says the date and the $* charge and you can see where it went through three times on some dates two times
What are the specific dates when the $* charge was applied multiple times?
The late fees start on September 6th I am only charged $* a day from September 6th until September 14th and then starting at September 15th is when the two or three $* a day charges start compiling
Can you provide a copy of the lease agreement that details the late fee charges?
Yes
What is the total amount of these multiple $* charges from September 15th till now?
I'm still working on that total there's so many to calculate
What is the total amount of rent you have paid to Utopia Property Management LLC since your roommate moved out?