Legal Question in Landlord & Tenant Law in South Carolina

Grill Dispute

I have had an ongoing dispute with the landlord of the apartment complex in which I live about the right for me to have a grill on my patio. I sent a formal letter of dispute as was written to do so in the lease agreement and pointed out everywhere that the lease inferred grills on patios were allowed. I even refuted claims they made that local police and fire ordinances disallowed grill use. After about 1 1/2 months of no response, the landlord send me a letter saying the laws for the Condo Association now say no grills allowed on decks or patios. If local laws allow grill use and the lease that I signed allowed grill use, is it true (as they are now claiming) that laws for the Condo Association super cede the lease agreement? It does not say anywhere in the lease that new laws can be made in effect at any time. I also find it hard to believe that their laws can supercede the lease agreement. If this was true, all of us who signed leases would be subject to anything the Condo Association sees fit. Also, is there any basis for me asking for compensation for the grill if it must be removed? I can't afford to take it back home and the grill is worth too much to allow it to be taken from me.

Thanks,

[email protected]


Asked on 10/30/06, 5:50 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Grill Dispute

You are S.O.L. If the Condo Assn makes a rule, you are bound by it even if the use is permitted under local law. You can always move and buy your own house.

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Answered on 10/30/06, 6:12 pm


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