Legal Question in Landlord & Tenant Law in South Carolina

Is our lease null and void?

My husband signed a lease for renting a house in SC for the time frame of 10/01/06-10/01/07, based on the provided info online (such as MLS) since we were relocating from NY. This information stated clearly that a fence was provided on the property. After signing, he was told there was no fence. A new contract was then drawn up that he would pay $50 extra per month and stay an additional year(until 10/01/08)... in return for the fence being installed by the landlords. To date, there is still no fence installed and we are still held to the two year lease. We had spoken to the landlords about foregoing the fence (in the summer of 06) if we were able to revert back to the original 1 year lease to which they never gave a definitive answer. We were told they would get back to us, yet never did. They do not live in the state... nor do they speak english (we have to use their friend as a translator). Based on us not having a fence at this point, is our contract valid any longer? I have both contracts and am ready to seek legal action if it looks like we are able to get out of this lease now and possibly even recoup some of the money we have lost being here for 18 months now instead of 12. Thanks so much for your advice.


Asked on 3/27/08, 4:58 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Is our lease null and void?

What would be the cost of a "reasonable" fence? Is it necessary for security or pets?

I would make final demand of the LL ( via Atty) and give them 10 days to perform or you will consider the lease materially breached and voided.

I have 28 years experience in LL/Tenant law. Call or email if you wish my assistance. (What is native tongue of LL?)

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Answered on 3/27/08, 5:05 pm


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