South Carolina Tenant-Landlord Rental Laws & Rights for 2025

Overview of South Carolina Landlord-Tenant Laws

South Carolina’s rental housing rules are primarily based on the South Carolina Residential Landlord and Tenant Act (SCRLTA) codified at S.C. Code Ann. § § 27-40-10 through 27-40-940. The Act lays the groundwork for how landlords and tenants must operate by covering habitability, evictions, notices, security deposits, repairs and more.

For landlords using modern property management platforms such as Hemlane understanding specific state requirements is key to staying compliant and avoiding costly disputes. Below is a practical experience based on the overview of the most important parts of South Carolina rental law written for both housing providers and renters.

Sources included throughout.

1. Overview of South Carolina Landlord-Tenant Law

The SCRLTA is the central authority governing residential rentals. Full text:
https://www.scstatehouse.gov/code/t27c040.php

The Act regulates:

Security deposits and lawful deductions

When and how notices must be served

Required property maintenance standards

Habitability and repair obligations

Fair housing requirements

Legal eviction processes

Restrictions on landlord entry

Tenant responsibilities

Unlike some states South Carolina’s statute was drafted to balance the obligations of landlords and tenants rather than take a strongly tenant-leaning or landlord-leaning approach. Courts in South Carolina generally expect both sides to follow written agreements closely since lease documents carry significant weight.

1. Tenant Rights and Responsibilities in South Carolina
   Core Tenant Rights

Tenants in South Carolina are legally entitled to-

1. A habitable dwelling
   The rental must comply with basic housing and building codes like functioning heat, plumbing, electric systems, weatherproofing and no conditions that affect health or safety.
   (S.C. Code Ann. § 27-40-440)
2. Privacy and peaceful enjoyment
   Landlords cannot enter at will. Except for emergencies, reasonable notice commonly interpreted as 24 hours is required.
   (S.C. Code Ann. § 27-40-530)
3. Fair housing protections
   Discrimination based on protected characteristics is prohibited under federal and state law.
   HUD Fair Housing https://www.hud.gov/program_offices/fair_housing_equal_opp

South Carolina Human Affairs Commission https://schac.sc.gov

Tenant Responsibilities

Tenants must:

Pay rent on time as agreed

Keep the unit reasonably clean

Use plumbing, appliances and electrical systems properly

Avoid deliberate property damage

Follow reasonable community rules

Report repairs on time preferably in writing

This aligns with the SCRLTA expectation that tenants maintain basic sanitation and avoid creating hazardous conditions.

1. Landlord rights and responsibilities
2. Provide and maintain a habitable property

Landlords must comply with S.C. Code Ann. § 27-40-440, which requires them to:

Keep all structural components (roof, walls and floors) in good repair

Ensure working heat, plumbing, water and electricity

Maintain common areas safely

Provide garbage receptacles if applicable

Make necessary repairs within reasonable timeframes

1. Make timely repairs

Under § 27-40-630 landlords must address non-emergency repair requests within 14 days once notified in writing.
Emergency issues involving health or safety like sewage backups, no heat in winter, major leaks must be handled promptly typically within 24 hours.

1. Allow tenant peaceful possession

As long as the tenant pays rent and follows the lease the landlord may not interfere with the tenant’s use of the property. Harassment or unnecessary entry can expose landlords to legal claims.

1. Follow Lawful Eviction Procedures

Self-help evictions (changing locks, removing doors and shutting off utilities) are illegal under South Carolina law.
Evictions must proceed through Magistrate's Court.
Court resources: https://www.sccourts.org

1. Repairs and Maintenance Responsibilities

A recurring pain point in rental housing especially for owners managing multiple properties is determining who handles what.

Landlord Obligations

Electrical, plumbing, HVAC and sanitation systems are in safe working order

Roof, walls, stairs, windows and structural components are maintained

Common areas free of hazards
(S.C. Code Ann. § 27-40-440)

Tenant Obligations

Keep the home clean and sanitary

Use all systems and appliances properly

Report issues promptly to prevent worsening damage

Not block vents, break windows or overload electrical systems

Not cause damage beyond normal wear and tear
(S.C. Code Ann. § 27-40-510)

Remedies When Repairs Aren’t Made

If the landlord fails to make required repairs:

Tenants may terminate the lease if habitability is substantially affected

Tenants may request damages in court

Tenants may seek code enforcement inspections
Many cities and counties have housing inspectors; for example:
Charleston County Building Inspections: https://www.charlestoncounty.org/departments/building-inspection/

Note: South Carolina does not allow tenants to unilaterally repair and deduct costs unless the landlord agrees in writing.

1. South Carolina Security Deposit Rules

South Carolina has no cap on security deposit amounts but they must be “reasonable.”
(S.C. Code Ann. § 27-40-410)

Allowed Deductions

Unpaid rent

Excessive cleaning

Tenant-caused damage

Unpaid utilities (if tenant’s responsibility)

Normal wear and tear cannot be deducted.

Return Deadline

Landlords must return the deposit plus an itemized deduction list within 30 days of the tenant vacating.

If not returned within 30 days landlords may owe up to three times the wrongfully withheld amount plus attorney’s fees.
(S.C. Code Ann. § 27-40-410(C))

1. Eviction Process in South Carolina

Evictions must go through court—no shortcuts.

Steps in the Process

Serve proper notice

For unpaid rent: 5-day notice unless the lease specifies otherwise

For other lease violations: 14 days

For month-to-month termination: 30 days

File an application for ejectment with the Magistrate's Court.

Tenant receives summons and complaint.

A hearing is scheduled for both parties to present evidence.

If the judge rules for the landlord a Writ of Ejectment may be issued.

The sheriff performs the physical removal if necessary.

Eviction information:
https://www.sccourts.org/selfhelp/summaryCourt/evictionProcess.cfm

1. Rent Increases and Rent Control

South Carolina has no statewide rent control. Landlords may raise rent freely at lease renewal unless a local ordinance applies.

Some municipalities require written notice:

Columbia – 60-day notice for increases

Greenville County – 30–90 days depending on increase size

Charleston County – 60 day notice for increases over 7.9%

Mount Pleasant – limits annual increases on certain properties

Hilton Head Island – increases capped at the Consumer Price Index

Local rules change periodically, so landlords should check current municipal codes or consult a real estate attorney.

1. Landlord Entry and Tenant Privacy Rules

Under § 27-40-530 landlords may only enter for:

Repairs

Inspections

Showing the unit

Emergencies

Except for emergencies “reasonable notice” typically interpreted as 24 hours is required.

Tenants may pursue damages or injunctive relief if a landlord enters illegally.

1. Fair Housing Laws in South Carolina

Tenants are protected under:

Federal Fair Housing Act (1968)

South Carolina Fair Housing Law enforced by the
South Carolina Human Affairs Commission (SCHAC): https://schac.sc.gov

HUD Fair Housing Enforcement: https://www.hud.gov/program_offices/fair_housing_equal_opp

Protected classes include:
Race, color, religion, national origin, sex, disability, familial status, age and marital status.

Violations can result in:

Civil penalties

Attorney fees

Damages to tenants

Court orders requiring compliance

1. Anti-Retaliation Protections

South Carolina prohibits retaliation against tenants for:

Requesting repairs

Filing official complaints

Participating in tenant organizations

Asserting legal rights

Example retaliatory actions include raising rent, reducing services or filing an eviction within 6 months of the tenant exercising rights.

Source: S.C. Code Ann. § 27-40-910

1. Helpful Resources for Landlords and Tenants

South Carolina Legal Services
Free legal assistance for qualifying tenants
https://sclegal.org

South Carolina Human Affairs Commission
Fair housing enforcement
https://schac.sc.gov

South Carolina State Housing Finance & Development Authority
Affordable housing programs and compliance
https://www.schousing.com

Local Tenant Unions & Advocacy Groups

Columbia Tenants Union

Charleston Tenant Union

Landlord Associations
South Carolina Apartment Association
https://www.scapartments.org

1. Frequently Asked Questions
2. What are the main tenant rights in South Carolina?

Tenants are entitled to habitable housing, privacy, and fair treatment under federal and state law. Landlords must provide basic services such as heat, water, and electricity.

1. Can a landlord raise rent by any amount?

At the state level, yes—no rent caps. Some municipalities require advance notice or limit increases. Always check local ordinances.

1. What are legal reasons for eviction?

Non-payment of rent

Lease violations

Staying past lease expiration

Illegal activities

Excessive property damage

All evictions must go through Magistrate Court.

1. How much notice is required to end a month-to-month lease?

30 days written notice.

1. What fees may landlords charge?

Security deposits

Late rent fees

Application/screening fees

Returned check fees

Fees must be disclosed and must reflect actual or reasonable costs.

1. What can tenants do if essential repairs aren’t made?

Tenants may:

Request code enforcement

Seek monetary damages

Terminate the lease if habitability is compromised

File in Magistrate Court

South Carolina does not permit automatic “repair and deduct” without landlord approval.