| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice | No Statute |
Does South Carolina Have Rent Control Laws?
South Carolina does not have rent control laws limiting the amount that landlords may ask for rent. State law prohibits local governments from establishing their own rent control ordinances.
When Can a Landlord Raise Rent in South Carolina?
Landlords in South Carolina can raise the rent at any time, as long as they comply with the following:
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Give reasonable notice
- Aren’t raising rent for discriminatory or retaliatory reasons
30 days before the end of a six-month lease, a landlord sends the tenant a notice that rent will increase by 5% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in South Carolina?
Landlords in South Carolina may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
- It is done in response to a protected tenant action, such as filing a complaint. This is known as “retaliation” .
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
Landlords may increase rent on five or more adjoining units above fair-market value without a presumption of retaliation if the increase applies to all tenants uniformly .
How Often Can Rent Be Increased in South Carolina?
Landlords in South Carolina can increase the rent as often as they wish, as long as reasonable notice is provided each time.
How Much Notice is Needed to Raise Rent in South Carolina?
Unlike many other states, South Carolina law does not require a specific notice period before raising rent.
Even though state law has no minimum notice period, South Carolina law still requires that landlords act in good faith, meaning they must give the tenant reasonable notice when increasing rent. In many states, one month is considered reasonable.
How Much Can a Landlord Raise Rent in South Carolina?
In South Carolina, landlords can raise the rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 S.C. Code § 27-39-60
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No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single family, or multiple unit residential, or commercial rental property. This section may not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to the county or municipal corporation or from entering into any agreements with private persons which regulate the amount of rent to be charged for rental properties.
Source Link - 2 S.C. Code § 27-40-910(a)
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Except as provided in this section, a landlord shall not retaliate by increasing rent to an amount in excess of fair-market value or decreasing essential services or by bringing an action for possession after:
(1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or
(2) the tenant has complained to the landlord of a violation of this chapter.
Source Link - 3 S.C. Code § 27-40-910(e)
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Notwithstanding the provisions of subsection (a) a landlord who rents more than four adjoining dwelling units on the premises may increase rent without there being a presumption of retaliation, provided that the increase applies uniformly to all tenants, or so long as the rent does not exceed the fair-market value.
Source Link
- 4 S.C. Code § 27-40-220
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Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement.
Source Link
