Landlord won’t fix possible health concern


In my rental agreement it clearly states that the landlord "agrees to make repair and do what is necessary to keep the premises in a fit and habitable condition as specified in South Carolina Residential Landlord and Tenant Act. The Landlord further agrees to maintain in reasonably good and safe working condition, all electrical… supplied by him." Back in May, two things happened, my son was born and my lease was up. We told the landlord that all winter we had problems controlling the electric bill and after a consultation with the electric company it was determined that the windows and lack of insulation were the problem. We stated that we would resign the lease under the premise that these issues would be fixed. In July and August I reminded the property company of this, they said it would be taken care of. Now it is September and still nothing. I purposely with held my rent until the woman from the property company called me to see about when I would be paying. I told her that my car was broken down and that if she wanted the money, she could come to the property, look at the windows and see the problem, then I would pay. She stated that this was a problem and she would get the owner of the property to fix it right away. Two weeks later I get a voicemail saying that the owner is not going to replace the windows or insulate the attic, that I can however buy plexiglass and plastic to put in the windows, (hopefully that will work)that the cost that I have to pay for that will not be deducted from my rent, and as a reminder I owe them a late fee. What are my rights? From my resonable understanding, drafty windows (by the way it isn’t one or two, it’s ALL of them!) and insulation are mandatory "essential services" that need to be available in the property. I am not going another winter with $250+ electric bills. If the landlord can’t afford to fix the windows then that is fine, I understand that. But I want to be let out of my lease with my full security deposit ($1425) back so that I can move somewhere safe for my 5 month old son. Can this be done? How do I go about doing it? Am I doing something wrong? Help me PLEASE!!!!

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Edited on: Friday, March 9th, 2012 4:14 pm
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