| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in South Carolina?
South Carolina landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs.
- Showing the property.
- Emergencies.
Can a Landlord Enter Without Permission in South Carolina?
South Carolina landlords can legally enter a rental property without the tenant’s permission in the following situations:
- In emergencies (including when weather forecasts suggest the property might be damaged by an incoming weather event, like a hurricane).
- Between 9:00 AM and 6:00 PM, for regularly scheduled services like air filter changes, if this right was reserved by the landlord in the written lease. The landlord still must provide notice before entering.
- Between 8:00 AM and 8:00 PM, to provide repairs the tenant requested. The landlord still must provide notice before entering.
Can a Landlord Enter Without the Tenant Present in South Carolina?
South Carolina landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in South Carolina?
South Carolina landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in South Carolina?
South Carolina landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in South Carolina?
South Carolina landlords usually have to provide at least 24 hours of advance notice before entering rental property. Reasonable advance notice is required for repairs the tenant requested, or scheduled services written in the lease, but doesn’t have to be 24 hours. There’s no notice requirement for emergencies.
Can a Landlord Enter Without Notice in South Carolina?
South Carolina landlords can’t enter without proper advance notice, except in emergencies. The law specifies that the definition of “emergency” includes when there are approaching weather conditions that threaten to damage the rental property.
How Can Landlords Notify Tenants of an Intention To Enter in South Carolina?
South Carolina landlords can notify tenants verbally or in writing about an intention to enter. However, in most cases proof of notice requires written notice that’s either hand-delivered to the tenant, or mailed through certified mail.
Can a Tenant Refuse Entry to a Landlord in South Carolina?
South Carolina tenants can often refuse landlord entry. Regardless of consent, landlords can enter in emergencies and (after proper notice, at legally allowed times) for scheduled services agreed in the written lease and repairs the tenant has requested. In other cases, the tenant can refuse entry if there’s reasonable cause.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in South Carolina?
South Carolina landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Cancel the rental agreement.
- Recover attorney fees from the tenant through a lawsuit.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in South Carolina?
South Carolina tenants cannot change locks without the landlord’s permission.
What Can a Tenant Do If the Landlord Enters Illegally in South Carolina?
South Carolina tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from further unreasonable or harassing entries.
- Cancel the rental agreement.
- Recover attorney fees from the landlord through a lawsuit.
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 S.C. Code Ann. § 27-40-530(a) (2022)
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“A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.”
Source Link - 2 S.C. Code Ann. § 27-40-530(b) (2022)
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“A landlord or his agent may enter the dwelling unit without consent of the tenant: (1) At any time in case of emergency-prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency; (2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, provided that the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and that prior to entering, the landlord announces his intent to enter to perform services; or (3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services.”
Source Link - 3 S.C. Code Ann. § 27-40-530(c) & (d) (2022)
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“(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in cases under item (b) above [emergencies and properly noticed maintenance / periodic services], the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times.
“(d) A landlord has no other right of access except: (1) pursuant to court order; (2) as permitted by Sections 27-40-720 and 27-40-730 [abandonment, and repairs due to tenant noncompliance]; (3) when accompanied by a law enforcement officer at reasonable times for the purpose of service of process in ejectment proceedings; or (4) unless the tenant has abandoned or surrendered the premises.”
Source Link - 4 S.C. Code Ann. § 27-40-240(B) (2022)
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“A person ‘notifies’ or ‘gives’ a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when: (1) it comes to his attention; or (2) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (3) in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him as the place for receipt of the communication, or in the absence of the designation, to the tenant’s last known place of residence. Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.”
Source Link - 5 S.C. Code Ann. § 27-40-780(a) (2022)
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“If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in magistrates’ or circuit court without posting bond to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney’s fees.”
Source Link - 6 S.C. Code Ann. § 27-40-530(e) (2022)
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“A tenant shall not change locks on the dwelling unit without the permission of the landlord.”
Source Link - 7 S.C. Code Ann. § 27-40-780(b) (2022)
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“If the landlord knowingly makes an unlawful entry or repeated lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief in magistrates’ or circuit court without posting bond to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney’s fees.”
Source Link
