Charleston Student Apartment Plagued by Flooding and Power Outages for Months — What Tenants Can Do When Landlords Fail to Act

The Incident

On March 16, 2026, students residing at SkyGarden Student Living Apartments in Charleston came forward with alarming reports of long-standing maintenance issues that had severely impacted their living conditions. Residents detailed months of unresolved flooding within units, persistent power outages affecting entire sections of the building, and repeated complaints to property management that were met with either silence or inadequate responses. These conditions have disrupted students' abilities to study effectively, work safely, and even carry out basic day-to-day activities without fear of electrical hazards or water damage.

SkyGarden, a large apartment complex catering primarily to college students, has faced mounting criticism as tenants describe a pattern of neglect from management. Many students have expressed frustration, stating that their concerns were dismissed despite clear evidence of uninhabitable conditions. For these residents, the situation underscores the importance of holding landlords accountable for their legal obligations under South Carolina law. As a Charleston attorney, I find these stories deeply troubling. No tenant should have to endure unsafe living conditions, especially when they have taken all the proper steps to notify management and seek resolution.

What South Carolina Law Says

South Carolina law provides tenants with protections against substandard living conditions under the South Carolina Residential Landlord Tenant Act (SC Code Ann. § 27-40-10 et seq.). This statute requires landlords to maintain rental properties in a "fit and habitable condition." Specifically, landlords must ensure that essential services such as electricity, plumbing, water supply, and heating are functional and safe. Failure to address issues like flooding and power outages may constitute a breach of this legal obligation.

Under SC Code Ann. § 27-40-440, tenants have the right to notify landlords of maintenance problems in writing. If the landlord fails to resolve the issue within a reasonable timeframe, tenants may pursue remedies such as withholding rent through a rent escrow process or terminating the lease agreement altogether. Courts in South Carolina have consistently interpreted the Act to prioritize tenant safety and habitability, recognizing that unresolved maintenance issues can create significant risks to health and well-being.

In cases where a landlord's negligence leads to damages — whether physical injury, property loss, or emotional distress — tenants may also explore claims for breach of lease or premises liability. These legal avenues hold landlords accountable for failing to meet their obligations and provide tenants with a pathway to recover compensation for their losses. Understanding these legal protections is essential for tenants facing situations like those reported at SkyGarden Apartments.

Your Rights and Options

If you are dealing with unsafe or uninhabitable living conditions, South Carolina law offers several options to protect your rights:

• Document all maintenance issues thoroughly. Keep records of flooding, power outages, and other problems, including photos, videos, and copies of written complaints to management.
• Send written notices to your landlord. Under SC law, you must notify your landlord of the issue in writing to preserve your legal rights and establish a clear record of communication.
• Consider rent escrow if the landlord fails to act. You may deposit your rent payments into an escrow account until the problem is resolved, signaling to the court that you are withholding rent for legitimate reasons.
• Consult an attorney before terminating your lease. Breaking a lease due to uninhabitable conditions requires careful legal guidance to avoid potential liability for unpaid rent or other penalties.
• Explore claims for damages if negligence caused harm. If the landlord's failure to maintain the property resulted in injury or property damage, you may have grounds for a premises liability or breach of contract claim.

What I Look For When Evaluating These Cases

When tenants come to me with concerns about uninhabitable living conditions, I start by reviewing the evidence they’ve gathered. Photographs, videos, and written correspondence with the landlord are critical to building a strong case. For example, clear images showing flooding damage, mold growth, or exposed electrical wiring can demonstrate the severity of the issue and the landlord’s failure to address it.

I also investigate the timeline of events. How long have these problems persisted? Did tenants notify the landlord promptly and provide ample opportunity for repairs? Courts often consider whether the landlord had a reasonable amount of time to remedy the situation before taking legal action. Establishing this timeline is key to showing that the landlord acted negligently.

Finally, I assess the impact on the tenants. This includes reviewing any injuries, property damage, or financial losses resulting from the landlord’s inaction. For example, if flooding destroyed personal belongings or power outages disrupted a tenant’s ability to work remotely, these damages can be quantified and included in a claim. Every case is unique, and I approach each one with the goal of achieving fair and just compensation for the affected tenants.

How Opposing Parties Will Fight Back

Landlords and their insurers often employ aggressive defense strategies in habitability cases. One common tactic is to argue that the tenant failed to follow proper procedures for reporting maintenance issues. They may claim that no written notice was provided or that the tenant exaggerated the severity of the problem. This underscores the importance of keeping detailed records and ensuring all communications with management are documented.

Another defense strategy is to shift blame onto the tenants themselves. Landlords may argue that the flooding or power outages were caused by tenant behavior, such as improper use of appliances or failure to report minor issues before they escalated. South Carolina’s modified comparative negligence standard (SC Code Ann. § 15-38-15) allows landlords to reduce their liability if they can prove the tenant contributed to the problem. As an attorney, I work to counter these arguments by presenting clear evidence of the landlord’s negligence.

Finally, landlords may attempt to minimize the damages claimed by tenants. They might argue that the issues were resolved quickly or that the impact on tenants was negligible. In response, I focus on demonstrating the real-world consequences of the landlord’s failure to act, from financial losses to health risks, ensuring that my clients’ experiences are accurately represented in court.

Related Practice Areas at Traywick Law Offices

Cases like the one at SkyGarden Apartments often overlap with several practice areas I handle at Traywick Law Offices. Premises liability is a key focus, as landlords have a legal duty to ensure their properties are safe for tenants. When that duty is breached, tenants may suffer injuries or other damages that warrant legal action. Additionally, consumer fraud can arise when landlords misrepresent the condition of their properties or fail to disclose known issues at the time of lease signing.

If you’re dealing with uninhabitable living conditions or other landlord-related issues, I encourage you to reach out to Traywick Law Offices. I offer free consultations to help you understand your rights and explore your options. Together, we can work toward holding negligent landlords accountable and ensuring you receive the justice you deserve.