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.Note: These rights exist regardless of what the rental agreement says.
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. Read more
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.
South Carolina landlords have relatively broad authority to evict tenants. The most common reasons for eviction include:
South Carolina landlords cannot evict tenants as a form of retaliation or for discriminatory reasons.
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.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
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:
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.
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.
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:
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.
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.
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).
The following state laws apply to the collection of rent and related fees:
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.
South Carolina landlords must make the following disclosures to tenants:
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.
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.
Can a Landlord Enter Without Permission in South Carolina? Outside of emergency situations, South Carolina landlords can only enter without permission to perform requested repairs, and to provide scheduled services as agreed in the lease. Even when entering without permission, the landlord still must provide at least 24 hours of advance notice unless it's an emergency. Read more » Is South Carolina a “Landlord Friendly” State? South Carolina is a landlord-friendly state. Landlords have broad authority to set rental prices and evict tenants, and tenants are barred from doing things like unilateral rent withholding and lock changes. Read more » What Are a Tenant’s Rights in South Carolina? South Carolina tenants have the right to live in habitable property, with requested repairs performed in a timely manner. If a landlord violates these rights, tenants can take legal action, or report the landlord to appropriate government authorities. Read more » Can a Tenant Change the Locks in South Carolina? Tenants in South Carolina are not allowed to change their locks without the landlord's permission. Read more »
