Under South Carolina law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in South Carolina
In South Carolina, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to South Carolina’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in South Carolina
Landlords must perform necessary repairs in a timely manner. In South Carolina, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, South Carolina tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but they can’t withhold rent, or repair and deduct from the rent.
Tenant Responsibilities in South Carolina
Aside from paying rent in a timely manner, tenants in South Carolina must:
- Keep their unit in a safe and habitable condition.
- Keep the unit clean and sanitary, including removing garbage.
- Keep dwelling and fixtures in working order.
- Keep all plumbing fixtures clean.
- Use all appliances and facilities in a safe manner.
- Allow the landlord to reasonably enter the rental unit for necessary repairs and maintenance.
- Not unnecessarily disturb neighbors or other tenants.
Evictions in South Carolina
South Carolina landlords have relatively broad authority to evict tenants. The most common reasons for eviction include:
- Nonpayment of Rent: If a tenant does not pay rent, South Carolina landlords can issue a 5-Day Notice to Pay. If they do not pay, then the landlord can begin eviction. However, South Carolina law allows landlords to eliminate this obligation.
- Violation of Lease Terms: If there is a violation of the lease, landlords can issue a 14-day Notice to Comply. If the tenant does not address the issue in the specified 14 days, the landlord can begin eviction proceedings. If the issue does not involve a health or safety violation and the tenant begins correcting the issue within the 14 days but the issue hasn’t been fully resolved, landlords must stop the eviction process.
- No Lease / End of Lease: If a tenant remains on the property after the rental term has ended, the landlord may issue a notice to quit. The notice period depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Illegal Acts: South Carolina landlords are allowed to pursue immediate eviction if they have evidence of illegal activity on the premises. Landlords are not required to give tenants time to remedy the behavior.
South Carolina landlords cannot evict tenants as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in South Carolina
It’s illegal for South Carolina landlords to retaliate by raising rent past market value or filing eviction (including refusal to renew the lease) against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in South Carolina
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, damage excluding normal wear and tear, and costs due to a breach of the lease agreement.
- Time Limit for Return: 30 days.
- Max. Penalty for Late Return: Tenants can sue for three times the amount wrongfully withheld plus attorneys’ fees.
Lease Termination in South Carolina
Landlords or tenants can terminate a lease with the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Landlords and tenants are not required to give notice to terminate a lease that has a fixed end date.
Early Termination: A lease in South Carolina can be legally broken for the following reasons:
- Early termination clause.
- Uninhabitable unit.
- Landlord harassment.
- Lease term violations.
Cost of Breaking a Lease in South Carolina
If a South Carolina tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in South Carolina
South Carolina does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because South Carolina does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
South Carolina law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in South Carolina
Protected Groups. The Federal Fair Housing Act prevents discrimination in housing based on race, color, national origin, religion, gender, familial status, or disability. These rules do not apply to some owner-occupied homes with 4 or fewer units or homes operated by religious organizations. South Carolina does not offer extra protections to additional groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties. The following acts may be interpreted as discriminatory when directed against a member of a protected group:
- Failing to make reasonable accommodations.
- Refusing to rent or sell on a bona fide offer.
- Offering different terms, conditions, or privileges.
- Advertising that encourages or discourages certain groups of people from applying.
- Coercing tenants to live in a certain neighborhood (steering).
Housing discrimination complaints in South Carolina are handled by the South Carolina Human Rights Commission. Alternatively, one can file a complaint with the federal Department of Housing and Urban Development.
Additional Landlord Tenant Regulations in South Carolina
In addition to having laws that address general issues like repairs and security deposits, most states, including South Carolina, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Entry in South Carolina
South Carolina landlords have the right to enter rental property for inspections, maintenance, and property showings. They usually must provide at least 24 hours of advance notice before entry, except for requested and scheduled services (and emergencies).
Rent Collection & Related Fees in South Carolina
The following state laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: None, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in South Carolina
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $7,500. South Carolina Small Claims Court is a division of Magistrate Court. The process takes approximately two to three months.
Mandatory Disclosures in South Carolina
South Carolina landlords must make the following disclosures to tenants:
- Lead-Based Paint: For houses built prior to 1978, landlords must disclose information about the concentrations of lead paint.
- Authorized Agents: Landlords must also provide the names and addresses of all people who are involved in owning and managing the property.
- Security Deposit Inequality: Landlords that lease five or more adjoining rental units and impose different standards for calculating security deposits must disclose the standards for calculating the deposits.
Changing the Locks in South Carolina
South Carolina doesn’t let tenants change locks without the landlord’s permission. Landlords, likewise, cannot unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction. A landlord changing the locks must always notify the tenant and provide copies of the new keys.
South Carolina Landlord-Tenant Resources
Many cities in South Carolina have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for general information.
Your Guide to Magistrate’s Court
