Most places, including South Carolina, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
South Carolina Implied Warranty of Habitability
In South Carolina, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in South Carolina
Note: Check local city/county laws and ordinances for additional requirements. Additionally, tenants in South Carolina can sometimes agree to do certain types of maintenance that would otherwise be the landlord’s responsibility. Check lease terms carefully.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in South Carolina
South Carolina landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to maintain it in good working order if provided.
Are Landlords Required to Provide Air Filter Replacements in South Carolina?
South Carolina landlords don’t have to replace things like air filters, unless required heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in South Carolina
South Carolina landlords must keep plumbing in reasonable working condition.
Are Landlords Required To Provide Hot Water in South Carolina?
South Carolina landlords must provide and maintain reasonable amounts of hot water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in South Carolina?
South Carolina landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in South Carolina Responsible for Fixing Leaks?
South Carolina landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in South Carolina
South Carolina landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, it’s the landlord’s responsibility to maintain such appliances in good working order.
Landlord Responsibilities for Electrical Issues in South Carolina
South Carolina landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in South Carolina?
South Carolina landlords are not responsible for replacing light bulbs or particular light fixtures, except as needed to maintain appliances and features that the landlord provides.
Landlord Responsibilities for Garbage Removal in South Carolina
South Carolina landlords are not responsible for providing garbage containers or removal services. The tenant is responsible for properly dealing with garbage in the rental unit.
Landlord Responsibilities for Landscaping in South Carolina
South Carolina landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass, except for keeping common areas clean on properties with more than four units. They only have to resolve issues like fallen trees if they violate local codes, or threaten health and safety.
Landlord Responsibilities Regarding Mold in South Carolina
South Carolina landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in South Carolina
South Carolina landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in South Carolina
South Carolina landlords have no specific responsibility to provide window screens or other types of window coverings. The landlord usually has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in South Carolina
South Carolina landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in South Carolina?
South Carolina landlords are responsible for maintaining fire safety systems in operable condition at all times, which could include battery replacements as necessary.
Landlord Responsibilities for Washers and Dryers in South Carolina
South Carolina landlords are not required to furnish their rental properties with a working washer and dryer. However, if such appliances are provided on the rental property, it’s the landlord’s duty to maintain them.
Renter’s Rights for Repairs in South Carolina
South Carolina renters have the right to repairs for issues under the landlord’s responsibility, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, or ask a court to order repairs or compensation. The renter isn’t allowed to withhold rent without a court order, or repair and deduct.
Sources
- 1 Watson v. Sellers, 299 S.C. 426, 439 (S.C. Ct. App. 1989)
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“The General Assembly expressly provided that the landlord has a duty to make all repairs and to do whatever is reasonably necessary to keep the premises in a fit and habitable condition. If, after notice of a dangerous condition, the landlord fails to repair, then this duty is breached. The RLTA provides for the recovery of actual damages by an ‘action,’ which is defined as any proceeding in which rights are determined. In this case there is evidence of a breach of the duty to repair after notice; the jury found that the landlord wilfully breached this duty. Under these circumstances, it is the holding of this court that the trial judge properly ruled that a cause of action had been created by the RLTA.”
Source Link - 2 S.C. Code Ann. § 27-40-330(a)(1) (2022)
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“A rental agreement may not provide that the tenant agrees to waive or forego rights or remedies under this chapter.”
Source Link - 3 S.C. Code Ann. § 27-40-440(c) (2022)
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“The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord’s duties specified in paragraph (5) of subsection (a) [maintenance of facilities and appliances relevant to the property] and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.”
Source Link - 4 S.C. Code Ann. § 27-40-440(d) (2022)
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“The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord; (2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section; (3) the agreement does not diminish or affect the obligations of the landlord to other tenants in the premises.”
Source Link - 5 S.C. Code Ann. § 27-40-440(a)(1) - (a)(4) (2022)
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“A landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas of the premises in a reasonably safe condition, and, for premises containing more than four dwelling units, keep in a reasonably clean condition; (4) make available running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.”
Source Link - 6 S.C. Code Ann. § 27-40-440(a)(5) (2022)
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“A landlord shall maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded by the rental agreement. No appliances or facilities necessary to the provision of essential services may be excluded.”
Source Link - 7 S.C. Code Ann. § 27-40-510(3) (2022)
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“A tenant shall dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner.”
Source Link - 8 S.C. Code Ann. § 5-25-1310(A) (2022)
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“One-family and two-family dwellings, including manufactured housing, must be equipped with approved and properly functioning smoke detectors installed in accordance with National Fire Protection Association (NFPA) Standard 72E, 1990 Edition, and with NFPA Standard 74, 1989 Edition; provided, however, that the various requirements of this article apply only to dwellings and housing which are rental dwellings and housing.”
Source Link - 9 2021 S.C. Fire Code § 915.1 (2022)
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“Carbon monoxide detection shall be installed in new buildings in accordance with Sections 915.1.1 through 915.6. Carbon monoxide detection shall be installed in existing buildings in accordance with Section 1103.9.”
Source Link - 10 2021 S.C. Fire Code § 907.8.4 (2022)
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“The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.”
Source Link - 11 S.C. Code Ann. § 27-40-610(a) (2022)
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“Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 27-40-440 materially affecting health and safety or the physical condition of the property, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice if the breach is not remedied within fourteen days. The rental agreement shall terminate as provided in the notice except [as provided below].”
Source Link - 12 S.C. Code Ann. § 27-40-610(a)(1) (2022)
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“The rental agreement shall not terminate by reason of the [landlord’s] breach: (i) if the breach is remedial by repairs or otherwise and the landlord adequately remedies the breach before the date specified in the notice; or (ii) if such remedy for a breach not affecting health and safety cannot be remedied within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time.”
Source Link - 13 S.C. Code Ann. § 27-40-610(a)(2) (2022)
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“The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with the tenant’s permission or who is allowed access to the premises by the tenant.”
Source Link - 14 S.C. Code Ann. § 27-40-610(a)(3) (2022)
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“Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief in a magistrate’s or circuit court, without posting bond, for any noncompliance by the landlord with the rental agreement or Section 27-40-440. If the landlord’s noncompliance is wilful, the tenant may recover reasonable attorney’s fees.”
Source Link - 15 S.C. Code Ann. § 27-40-630(c) (2022)
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“Under no circumstances should this section be interpreted to authorize the tenant to make repairs on the rental property and deduct the cost of the repairs from rent. In the event that the tenant unlawfully acts without the landlord’s consent and authorizes repairs, any mechanic’s lien arising therefrom shall be unenforceable.”
Source Link
