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Contents
Landlord Studio is an easy to use property management and accounting software designed for landlords.
Find and screen tenants, collect rent online, track income and expenses, run reports, and more - all for free.
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
The South Carolina Residential Landlord-Tenant Act is a general statute enacted by the State of South Carolina to guide landlord-tenant relationships. This legislation imposes obligations on homeowners and renters in a lease agreement and gives them rights that cannot be taken away, regardless of what is said in the lease.
Below is an overview of some of the rights and responsibilities of both landlords and tenants in the Palmetto State.
South Carolina tenants have the right to:
Tenants in South Carolina are required to:
South Carolina landlords have the right to:
Landlords in South Carolina are required to:
Are landlords in South Carolina required to give notice before entering the property?
South Carolina requires a 24-hour notice from the landlord before entering (§ 27-40-530(c)).
Notice equirements are waived in the cases of emergencies.(§ 27-40-530(b)(1)).
Are landlords in South Carolina allowed to enter the property to conduct maintenance and repairs?
In South Carolina, landlords can enter rental units for inspections, maintenance, and property showings. However, they are required to give renters prior notice before entry, at least 24 hours. (§ 27-40-530(a)).
In South Carolina, there’s no statute that regulates late fees for rent so landlords are free to impose any amount they see fit. Furthermore, South Carolina landlords are not required to observe a grace period before charging late fees for rent.
Source: Rights and duties of landlords | South Carolina Bar, Rights and duties of tenants | South Carolina Bar
SECTION 2
South Carolina enacted rent control laws in a bill titles South Carolina Rent Control Act which aims to amend the South Carolina Code of Laws, imposing restrictions on increasing residential rent. Key provisions include:
Rent Increase Notice Requirements
South Carolina Rent Increase Notice Details
Rent Increase Limits
Raising The Rent After Terminating of Tenancy
Exemptions to South Carolina rent control laws:
Penalties for illegal rent raises in South Carolina:
Consumer Price Index:
Source:Rent Control Act Bill 3264 | South Carolina Legislature (.gov)
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SECTION 3
According to South Carolina laws governing leasing agreements, both written and oral leases are acceptable. However, an oral lease can only be applied to a rental agreement on a monthly basis, and it can be terminated by either party for any reason.
Written leases are expected to be more detailed and to outline the responsibilities of both the landlord and the tenant. No specific language is required to create a lease; it typically includes the parties' names, a description of the rental property in question, the rent amount to be paid, and the term.
Free Resources: South Carolina Lease Agreement Templates | eForms
Source: Leases | South Carolina Bar
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SECTION 4
Landlords in South Carolina are free to charge whatever amount they see fit for security deposits and pet fees, as long as it’s specified in the lease or rental agreement. However, most landlords usually require a security deposit equal to one to two months' worth of rent.
The only exception are residential homes, whose maximum sums for security may be capped by county and city legislation.
Landlords are permitted by South Carolina law to request a pet deposit in addition to the security deposit. Nonetheless, service animals are not required to pay the fee for individuals with impairments. Also, the tenant cannot be subjected to discrimination or extra fees by the landlord because they have a service animal.
However, the renter is still responsible for any damages the service animal may have caused to the rental property.
Once the renter vacates the property, the landlord may deduct the necessary amount from the security deposit. Here are some allowed deductions for security deposit in South Carolina:
(S.C. Code Ann. § 27-40-410(a))
Landlords are required by South Carolina law to maintain security deposits in escrow accounts set aside just for that purpose. It’s important for landlords to keep tenants’ security deposits apart from their personal money.
Landlords in South Carolina have 30 days to return unused security deposit. In case of any deductions, they are required to provide a detailed documentation of the deductions made for damages.
The 30-day period begins when the renter requests its return or on the date of termination specified in the rental agreement. Tenants are required to provide their forwarding address to the landlord in a written notice to this effect. If the tenant fails to provide a forwarding address, landlords are required to send the deposit to the tenant's last-known address.
Failure to return the security deposit within the allotted 30-day period would make the landlord liable to pay the tenants triple the amount withheld. Additionally, the tenant is entitled to reimbursement for reasonable legal fees incurred in court. Furthermore, the landlord may be subject to a fine of up to $7,500.
(S.C. Code Ann. § 27-40-410(a), § 27-40-410(b))
Landlords are not required by South Carolina law to pay interest on security deposits that are kept.
Source: South Carolina Code Section 27-40-410 (2023) - Security Deposit
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SECTION 5
Here are some of the valid reason where a South Carolina landlord may generally evict a tenant from the rented property:
If the rent is not paid when it is due, the landlord has the right to terminate the lease and begin the eviction process after providing five days' written notice. But during the lease term, the landlord only needs to notify the tenant in writing once that the rent is past due.
If the lease, or rental agreement, is in writing and expressly states that no written notice would be given if rent is past due, the landlord is not required to provide this written notice.
The landlord may end the rental agreement and start the eviction process if the tenant disobeys any of the terms stated in it, excluding the obligation to pay rent. Written notice detailing the tenant's actions that violated the terms of the rental agreement must be sent by the landlord.
Eviction may commence if, within 14 days after receiving written notice, the tenant fails to make good on the problems or adhere to the conditions of the rental agreement..
3. Failure of tenant to maintain the dwelling unit in a healthy and safe manner
If the tenant fails to maintain the dwelling unit in a way that complies with the Landlord and Tenant Act and poses a risk to health and safety, the landlord has the right to terminate the rental agreement and start the eviction process.
In the event of an emergency, the tenant must comply as soon as possible; if not, the tenant must comply within 14 days of receiving written notice from the landlord outlining the issues and asking that the tenant remedy them within that time frame.
If the tenant fails to comply, the landlord may end the rental agreement and commence eviction proceedings.
If a renter is missing from their rented property for more than 15 days without providing an explanation, the landlord has the right to reclaim the property. The landlord has the right to reclaim the property since this is deemed an abandonment. This isn't seen as an eviction.
The landlord may file a lawsuit in order to evict the tenant if the rental agreement's lease period has expired and the tenant refuses to leave. The landlord has the right to terminate a rental agreement that does not have a set period.
When a renter pays rent on a weekly basis, the landlord can only make the tenant vacate the property after providing written notice of at least seven days. If the rental agreement does not specify a term, the landlord is required to provide written notice to the tenant for at least thirty days prior to the tenant's departure.
Sending a formal eviction notice is the first stage in the eviction procedure in South Carolina. The landlord must first serve a South Carolina eviction notice and specify that the tenant has the required number of days to cure or correct any of the aforementioned lease violations.
Three types of eviction notifications are permitted by state law in South Carolina for landlords to send:
The South Carolina eviction process is straightforward and similar to other states’ in the U.S. Below is a breakdown of what the procedure looks like.
Source: Eviction | South Carolina Bar, Eviction in South Carolina | South Carolina Legal Services
SECTION 6
South Carolina’s laws pertaining to rental applications and tenant screening are rather simple and straightforward.
South Carolina doesn’t impose limits on Application fees in South Carolina. Landlords are free to set the application fee, and do not need to refund them.
Landlords must obey federal laws such as the Federal Fair Housing Act, and avoid discriminating against any of the protected classes.
There are no restrictions on the scope of background checks that landlords can conduct in South Carolina. However, landlords are required to get the signed consent of potential tenants to conduct them.
To make the rental application process effective, here is a list of crucial information to request from applicants:
When completing the rental application form, landlords in South Carolina must provide certain disclosures about the rental property. Be sure to include the following information, if applicable:
Source: South Carolina Residential Landlord-Tenant Act
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SECTION 7
Tenants may terminate a lease under certain situations, such as when the landlord fails to maintain the property in a habitable state. South Carolina's rental laws establish explicit rules for lease termination.
According to state law, a tenant in South Carolina must give written notice of their intention to terminate a lease.
In a similar vein, landlords must follow certain legal procedures to guarantee compliance with state regulations and must give prior written notice before ending a tenancy or starting eviction proceedings.
In South Carolina, some conditions like domestic abuse, military service, and other officially recognized causes for lease termination are acceptable grounds for an early lease termination.
Tenants in South Carolina who must terminate their lease due to domestic abuse are protected by law. Domestic violence victims frequently need a safe and secure environment, and the state has laws that allow them to end their lease early without incurring penalties.
Similar to this, military service may also be a good justification for an early lease termination because the law protects service members' rights in the event that they must relocate or deploy.
The legal system in South Carolina also recognizes other circumstances, such as significant violations of unit security deposits or irrational deposit withholding by landlords. Tenants may be able to end their lease early for legal reasons if they encounter such circumstances.
To guarantee equitable and legally compliant lease terminations, it is imperative that both landlords and renters are aware of the legal requirements and repercussions connected with these scenarios.
Source: Tenant's Right to Break a Rental Lease in South Carolina | Nolo
SECTION 8
Below is an overview of some South Carolina HOA laws that often apply to homeowners associations:
Homeowners associations in the state are governed under the South Carolina Homeowners Association Act. Transparency and accountability are encouraged by this statute, which creates a legal foundation for homeowners associations' management and operations.
It calls for the adoption of formal bylaws, the creation of impartial election procedures, and the distribution of particular records to members. Financial issues including budgeting, yearly budget hikes, and taxes are also covered by the act.
This act governs horizontal property systems that, by executing a master deed, expressly choose to be subject to legislative regulation. It is intended to regulate the establishment, conduct, authority, and administration of those institutions.
The South Carolina Nonprofit Corporation Act of 1994 governs most HOAs in the state because they are non-profit entities. It controls how these organizations are established and run within the state.
Additionally, it describes internal policies like membership rights, bylaws, and board of directors structure. The Act also addresses asset acquisitions, conversions, and mergers involving nonprofit organizations. It establishes standards for annual reporting, documentation, and financial management.
In South Carolina, homeowner associations are prohibited from treating homeowners differently on the basis of their race, color, religion, handicap, or any other factor. South Carolina offers members state-level protection in addition to the nationwide protections afforded by the federal Fair Housing Act.
This law contains limitations similar to those found in the Fair Debt Collection Practices Act (FDCPA) and regulates the conduct of debt collectors at the state level. It forbids dishonest, unfair, or abusive debt collection practices by debt collectors.
If a homeowner feels that their HOA is treating them unfairly, they have two options: they can file a private lawsuit against the association or get help from the Department of Consumer Affairs. If a HOA has broken this code, they can also file complaints with the Consumer Financial Protection Bureau and the Federal Trade Commission.
Source: South Carolina Homeowners Association Act, South Carolina Horizontal Property Act, South Carolina Nonprofit Corporation Act of 1994, South Carolina Fair Housing Law, South Carolina Consumer Protection Code.
SECTION 9
In order for a claimant to get South Carolina Squatters Rights, they must meet certain legal requirements:
Source: Who Can Claim Property Based on Adverse Possession in South Carolina? | Nolo
SECTION 10
Below, you’ll find some helpful South Carolina landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
