Summons and Affidavit and Itemization of Accounts

[je20103000]

My question involves landlord-tenant law in the State of: South Carolina

As of 02/01/2011,we moved out of our rental home. Due to a personal matter, we were unable to pay Jan. 2011 rent and while the lease ended 02/01/2011, the prop mgmt company filed an eviction notice. When we moved out, I emailed the prop. mgmt company with our new address, a statement that we have moved out and to please send a list of all fees and cost to my current address that was provided. They replied and stated they would. After this, we have not heard from this prop mgmt company and no letter was sent with an itemized list of any costs. I knew we would lose our security deposit due to the last months rent not being paid, so I figured, everything was paid in full and no additional fees and costs would be associated with the rental.

Fast foward to 08/26/2011-- We just received a "summons" and an "affidavit and itemization of accounts" that was filed with the county court on 02/13/2011. We were served by the County Sheriff and we have 30 days to respond.

Doesn't the Prop mgmt co. have 30 days from the end date of the lease to send the detailed list of all costs or because they filed this motion, this would not be the case? If they do still have 30 days, does someone have the link to the statute? I have tried to locate this and I am not able to.

Thank you for your help

[Mr. Knowitall]

You failed to pay your rent and your landlord filed an eviction action - that eviction lawsuit included a claim for money damages? And when you moved out they filed an affidavit reflecting how much you owed with the court in which you had been sued? Or is it that they filed a separate lawsuit against you on February 13, after you moved out and they saw the damage you caused? And now they're seeking a default judgment based upon the affidavit documenting the debt? If this is all part of the eviction lawsuit, did you keep the court informed of your current address?

[je20103000]

The eviction lawsuit did not include any damages or fees at the time.
Is does appear that this is seperate paperwork filed and not associated with the eviction notice.

The paperwork that I was served with is dated on 02/13/2011 and my current address is on this paperwork. The prop mgmt company did supply the correct address, so the courts and the Sheriff's office knew exactly where I was. Plus we had to change our address with the state and due to property taxes for vehicles, we had to change our address with the county as well.

I did not even know about these fees until a month ago when my wife say something on her public info. We did contact the prop mgmt company, but we disagree with the damage costs and they are not removing the security dep. from the total amount due. I tried to work with them and to get on a payment plan, but they would not budge on their #.

I have no problem paying the last months rent that is due, but our security dep would have taken care of this and the fees for the damage are way to high. They are stating that they had to repaint the whole interior on the home due to 1 room that was painted a different color.

I realized after I posted this thread, that this was in the wrong section. Sorry