SC law favors landlords over tenants, and many renters are literally paying the price

The scales of justice are out of balance when it comes to how South Carolina law regulates residential rental property; it clearly favors landlords over tenants and allows eviction notices to be used as intimidation.

The Sun News and The Island Packet investigated the practice of filing eviction notices when a tenant is late with a payment. Since the beginning of 2019 Powers Properties, which manages apartment complexes in Myrtle Beach and several other S.C. communities, has filed more than 6,700 court notices to evict tenants.

One Columbia tenant’s invoice showed he owed not only the normal $700 rent — but also additional money in late and service fees, a court filing fee and a penalty charge for not using the payment coupon provided by the landlord.

Landlords hold the power

The S.C. Appleseed Legal Justice Center has data showing Powers Properties filed more than 22,000 eviction notices from the beginning of 2015 through June — far more than any other landlord of any size in South Carolina.

Justice Center attorney Adam Protheroe said serial filings are not unique to South Carolina, but what makes the problem even worse in our state is that the court filing fee is merely $30 in some counties.

That’s nothing compared to the cost in some states: Alabama’s filing fee, for example, can exceed $250.

In addition Mark Fessler, an attorney with South Carolina Legal Services, said that landlords view serial filings as a way to effectively use the law to collect debts. It’s legal, but it’s not true to the spirit of the law, which is actually intended to help owners regain possession of their property.

Meanwhile, repeated filings can be particularly devastating for tenants because they may lead to credit problems that make it difficult to find new housing with other landlords.

Fessler said that for a tenant “every time your name ends up in the public record, that’s a potential strike against you — even if (the case) gets dismissed.”

Long-term effects

One Myrtle Beach couple, Sterling Hogan and Tijuana Manuel, still feel the effects of eviction notices from Powers Properties that date back to 2016.

The couple’s unit in the Ivystone Apartments complex was damaged in a fire and while they lived in another unit, they were being charged rent for both residences. A judge ruled in the couple’s favor, but Powers Properties still demanded to be paid $60 in court fees.

Not surprisingly Hogan and Manuel are now renting with another landlord.

Intimidation, retaliation

Another real concern with the S.C. Residential Landlord and Tenant Act is the advantage it gives landlords in making repairs; indeed the constant threat of eviction can intimidate tenants from even making requests for repair work.

The law prevents retaliatory eviction filings, but proving retaliation can be difficult and costly. And while South Carolina does have a procedure to force landlords to make repairs, it also shows favoritism toward them.

State Rep. Marvin Pendarvis of Charleston plans to introduce legislation that would add some clearly needed changes to the Landlord and Tenant Act, which in effect remains the same law it was when enacted in 1986.

Some of the proposed changes include allowing tenants to deduct costs of repairs, requiring landlords to work with tenants before filing eviction notices and ensuring tenants are represented by attorneys in a landlord-tenant court.

These changes are badly needed and well overdue.

It’s time to balance the scales of justice — and to give South Carolina’s tenants equal rights under the law.