In general, a landlord in South Carolina has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 14 days of getting written notice from the tenant about the needed repairs.
South Carolina Landlord Responsibilities for Repairs
South Carolina landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Required utilities.
- Heating.
- Hot water.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Provided appliances.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in South Carolina?
South Carolina tenants are responsible for repairing any damage they cause to the property which affects health and safety.
On a case by case basis, the landlord and tenant can agree for the tenant to handle specific maintenance that isn’t required for basic code compliance. The landlord can delegate more repairs to tenants of single-family residences, but such agreements must be in writing.
Requesting Repairs in South Carolina
South Carolina tenants must request repairs by providing the landlord written notice about the issue that needs repair. To reserve the relevant legal options, the tenant must also state actions they might take if the landlord does not make timely repairs, such as canceling the lease altogether.
An example of language a tenant might use to state these intentions is: “If the issue isn’t fixed within 14 days, the renter may exercise his right to cancel the rental agreement on the following date: [date which is 14 or more days from delivery of the repair notice].”
How Long Does a Landlord Have To Make Repairs in South Carolina?
South Carolina landlords have 14 days to make repairs after getting proper notice about an issue from the tenant. However, if the issue isn’t related to health and safety and the landlord begins and continues good-faith repairs within 14 days of notice, the tenant isn’t allowed to cancel the lease.
Can the Landlord Refuse To Make Repairs in South Carolina?
South Carolina landlords cannot refuse to make repairs that are their responsibility. Refusal to repair a required issue after proper notice may reduce the landlord’s right to collect the full rent, although this issue usually will be determined in court only.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in South Carolina?
South Carolina landlords are not required to pay for alternative accommodation while they conduct repairs. However, a situation that requires the tenant to move out for repairs may be a constructive eviction that lets the tenant end the lease and stop paying rent after moving out.
Tenant’s Rights if Repairs Aren’t Made in South Carolina
South Carolina tenants can cancel the rental agreement if the landlord doesn’t make timely repairs, in many situations. They might also sue for damages or get an injunction to force repairs.
Can the Tenant Withhold Rent in South Carolina?
South Carolina tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must receive a court’s approval.
Can the Tenant Repair and Deduct in South Carolina?
South Carolina tenants are not allowed to arrange for repairs and deduct from the rent.
Can the Tenant Break Their Lease in South Carolina?
South Carolina tenants can break their lease 14 days after written notice, for failure to repair issues after proper notice (unless the issue isn’t related to health and safety and the landlord begins good-faith repairs within 14 days).
Tenants can move out and break their lease immediately, when the property is destroyed or severely damaged by an action that wasn’t the tenant’s fault (for example, a hurricane). The tenant must give proper written notice of moving out within seven days.
Can the Tenant Sue in South Carolina?
South Carolina tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice.
Can the Tenant Report the Landlord in South Carolina?
South Carolina tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in South Carolina
It’s illegal for South Carolina landlords to retaliate against tenants by raising rent past market value or filing eviction (including refusal to renew the lease) against tenants who have taken one of the following protected actions:
- Complaining to the government about health and safety issues on the rental property.
- Complaining to the landlord about violations of South Carolina’s Landlord-Tenant Act.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord can evict if a tenant refuses to repair damage that’s the tenant’s fault, even if the tenant has complained to the government about the issue.
Sources
- 1 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 - 2 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 - 3 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 - 4 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 - 5 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 - 6 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 - 7 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 - 8 S.C. Code Ann. § 27-40-510(6) (2022)
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“A tenant shall not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant’s permission or who is allowed access to the premises by the tenant.”
Source Link - 9 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 - 10 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 - 11 S.C. Code Ann. § 27-40-610(1) (2022)
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“The rental agreement shall not terminate by reason of the 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 - 12 S.C. Code Ann. § 27-40-640(a) (2022)
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“In an action for possession based upon nonpayment of the rent or in an action for rent concerning a period when the tenant is in possession, the tenant may rely on the rental agreement or the provisions of this chapter to assert defenses and to counterclaim for any amount recoverable thereunder.”
Source Link - 13 Pleasantburg Whse. Co. v. Global Dist., Inc., 287 S.C. 422, 423 (1985)
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“The necessary elements of a cause of action for constructive eviction are (1) that by some intentional act or omission of the landlord the tenant is deprived of possession or that by some intentional act or omission the landlord substantially interferes with the tenant’s beneficial use or enjoyment of the leased premises and (2) as a result of the act or omission by the landlord, the tenant abandons the premises.”
Source Link - 14 S.C. Code Ann. § 27-40-610(2)(b) (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 - 16 S.C. Code Ann. § 27-40-650(a)(1) (2022)
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“If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.”
Source Link - 17 S.C. Code Ann. § 27-40-910(a) (2022)
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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 - 18 S.C. Code Ann. § 27-40-910(g) (2022)
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“If the landlord retaliates against the tenant for engaging in conduct protected under section (a) by refusing to renew the lease, and if the tenant is not in default as to payment of rent, the landlord may not recover possession of the dwelling unit for seventy-five days and may not increase rent to an amount in excess of fair-market value or decrease essential services pending the recovery of the dwelling unit, provided that the tenant proves the landlord’s violation of this chapter, the landlord had notice of such violation, and the landlord had notice of the tenant’s complaint prior to expiration of the lease.”
Source Link - 19 S.C. Code Ann. § 27-40-910(b) (2022)
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“If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 27-40-660 as a defense in any retaliatory action against him for possession. If the defense by the tenant is without merit, the landlord is entitled to reasonable attorney’s fees. If the defense is raised in bad faith, the landlord may recover up to three month’s periodic rent or treble the actual damages, whichever is greater. If the landlord recovers damages under this section, he may not also recover damages under Section 27-40-760.”
Source Link - 20 S.C. Code Ann. § 27-40-910(e) (2022)
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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 - 21 S.C. Code Ann. § 27-40-910(c) (2022)
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“Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if: (1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of his family, or other person on the premises with his permission or who is allowed access to the premises by the tenant, or (2) there is material noncompliance by the tenant under Section 27-40-710 or Section 27-40-720; or (3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.”
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