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Yes, the landlord may evict, even under the circumstances mentioned above. The real question is will they win. In Florida they will win, in South Carolina, they're likely to lose, especially if the tenant mentions this in their answer to the Summons. In Florida, you must give adequate notice that if they don't fix an essential item in the home/on the property, you will have it fixed and offset from the rent. You must do this with a notice of seven days or more BEFORE the next rent is due. Your landlord can still evict but will likely lose. If they do evict you and they lose and knew that they would likely lose, you can file a counterclaim for up to three months of rent abatement. This is also true in South Carolina.

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Q: If landlord has not fixed issues with a rental property can she ask tenant to leave the premises if he hasn't paid rent?
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