Landlord Neglect Legal Recourse

Summary

Landlords in South Carolina must maintain habitable premises. They cannot evict tenants for withholding rent if the property is uninhabitable. You may have grounds to sue for living conditions without power or decent shelter. Consult a local attorney for specific advice.

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I just have a couple of questions
Hello **** ****, I'm here to help. Could you please share your questions with me?
A tree fell onto my renter home a year ago and caved my ceiling in for most of the home Everything inside is a total loss. My landlord collected insurance payment but never helped me rebuild. Now he wants to evict me because of non payment a year after we have lived here with no power. is this right
I'm sorry to hear about your situation, ****. In South Carolina, landlords have certain obligations under the Residential Landlord and Tenant Act:
- They must maintain the premises in a habitable condition.
- They cannot evict a tenant for withholding rent if the premises are deemed uninhabitable.
You may have grounds to fight the eviction based on these points. Consider consulting with a local attorney for more specific advice.
do i have grounds to sue for making me live here without power or decent shelter
In South Carolina, it might be possible to sue your landlord for neglecting their duties under the Residential Landlord and Tenant Act. This includes:
- Not maintaining the premises in a habitable condition.
- Evicting you for withholding rent due to uninhabitable conditions.
You should consult with a local attorney for specific advice.
Draft me a list of questions for a witness I subpoenaed to a custody hearing. The witness is the Co-owner of my sons daycare, Little Spuds Early Learning Center. They have written me letters in the past regarding their observations of me as a father. The first letter stated the following: Whom It May Concern, I am writing to express my observations of Mr. Crabtree and his son, Oliver Crabtree's relationship that I have observed during his time at our preschool. It has been evident in our experiences with them that Mr. Crabtree is dedicated to Oliver's well-being and happiness. Oliver also seems to enjoy spending time with his father and looks forward to their time together. In my interactions with Mr. Grabtree, I have witnessed his dedication, love, and active involvement in Oliver's life (during preschool hours). He has been an active parent at the preschool, making sure Oliver is able to participate in special events (such as spirit days), volunteers during class parties, completes family projects with Oliver, and has taken the time to join Oliver for lunch on several occasions. During Christmas, Mr. Crabtree even came by the preschool to show Oliver something their Elf on the Shelf did while Oliver was at Ms. Canchola's (Oliver's mom) home. While at preschool, Mr. Crabtree has never spoken negatively of Ms. Canchola's in Oliver's presence The second letter was simply a bulleted list that stated the following: ·Oliver Crabtree attended Little Spuds ELC from */*/* until mom picked him up on June10h at *:42AM.He is still registered with us and the Early Learning Coalition of EscambiaCounty.·On June * Mr.Crabtree dropped off Oliver at *:04AM-Ms.Canchola arrived at *:42AM.The director asked her why she was there as dad had just dropped off and did not mention aschedule change.Ms.Canchola stated that dad did not have a house/was homeless andshe was taking him.This was said in front of Oliver.Oliver said dad was going to pick him upand she told him to get his stuff.His classmates gave him a hg bye and said they wouldsee him tomorrow.(Ms. Canchola did not state otherwise).The director called Mr. Crabtree and he Nas unaware that Ms.Canchola had taken Oliver.·Ms.Canchola has not communicated with the preschool or reported his absences asrequired.·Ms.Canchola's last payment was on June 9t", *-she still owes $*.* for the summer.Mr. Crabtree paid his portion for the entire summer.· Mr. Crabtree has been an active and involved parent. From our observations he is a lovingparent and has an awesome relationship with his son and vice versa.·Mr.Crabtree has participated in Oliver's early education ad makes sure that Oliverparticipates in special school days (show-&-tell, dress up days,spirit's days, ect.) He hasvolunteered at several classroom parties and events. He shows up on Ms.Conchola's daysto eat lunch and spend time with Oliver.While he is at school with Oliver they discuss hisday at school,what he and his friends have done,plans together-·Ms.Conchola ate lunch with Oliver * time,and she spent the entire lunch questioningliver about everylittle thing he did at Mr.Crabtree's.She also took pictures of Oliver'sbody.·In the past,Oliver has mentioned on several occasions that Ms.Conchola will not let himcall Mr.Crabtree and that it makes him sad.·Ms.Conchiolatries to speak negatively about Mr.Crabtree in front of Oliver.Our teachershave had to ask her notto, as this is a safe space for Oliver, and we don't condone itherparent/guardian speaking negatively about the other parent.·As far as we have observed at school.Mr.Crabtree has not spoken negatively about Ms.Conchola in front of Oliver. · On Sunday,June *" We had a call from DCF.lt was regarding,an allegation Ms.Concholamade about another student touching Oliver's privates-specifically his penis.This neverhappened. The director told her of one incident where Oliver and * other students wererunning around on the playground trying to touch/kick each other private areas. This wasimmediately stopped by the teacher and the students, and their parents were spoken with.Each child received a behavior report that their parent signed.This incident occurred onMay *,*.·On another day/ another incident- The director also spoke to Mr.Sweeny(Ms.Canchola'sPartner) when he had picked up Oliver.(she also spoke with Ms.Canchola over the phone)During circle time Oliver would not keep his hands out of his pants/rubbing his privates.The teachers had him go wash his hands and told im that's something you do in private (inthe bathroom or at home in his bedroom,bathroom-Not at school.-The director told Mr.Sweeny that while it was a completely nomal behavior and that shewould like their help in explaining where/when it was appropriate and howwe had handledit at school.That we know he has humped his mat (since he began school in June *)asa comfort/ way to fall asleep.(again, an age appropriate/ normal behavior) that duringawake time it wasn't appropriate to do in front of his classmates and touching toys,etc..Mr.Sweeny mentioned they were dealing with it at home as well.-Ms.Canchola then tookthis information and sent Mr.Crabtree a text accusing him ofmasturbating in front of Oliver. Oliver has never made any such allegations to his teachers,and we have had several talks about personal boundaries,safe touches,safe people, etc.
Certainly! Here is a list of questions you could ask the co-owner of Little Spuds Early Learning Center during the custody hearing:
*. Can you describe your observations of my interactions with Oliver at the daycare?
*. Have you observed any instances where I have spoken negatively about Ms. Canchola in Oliver's presence?
*. How often have I participated in special events and activities at the daycare with Oliver?
*. Can you provide details about the incident on June 10th when Ms. Canchola picked up Oliver without prior notice?
*. Have you had any issues with communication or payments from Ms. Canchola concerning Oliver's attendance?
*. Can you describe Oliver's behavior and emotional state when he is with me versus when he is with Ms. Canchola?
*. Have you observed any instances where Ms. Canchola has spoken negatively about me in front of Oliver?
*. Can you explain the incident reported to DCF on June 16th and any subsequent actions taken?
*. How does Oliver generally react to spending time with me at the daycare?
*. Have you ever observed any inappropriate behavior or allegations involving Oliver that were attributed to me?
Is there any other specific aspect you would like to cover in your questions?