The South Carolina Residential Landlord and Tenant Act, found in Title 27, Chapter 40 of the state code, governs almost every residential rental in the state. It sets the rules on security deposits, repairs, rent, entry, retaliation, and eviction, and it applies to apartments, single-family rentals, and mobile homes where the tenant rents both the home and the lot. If you rent your home in South Carolina, this is the law that decides what your landlord owes you, what you owe your landlord, and what each side has to do before ending the arrangement.
Who the Act Covers
A landlord under the Act is anyone who owns or manages rental property and collects rent. A tenant is anyone with a right to occupy a dwelling under a rental agreement. If you pay rent to live somewhere you don’t own, the Act probably applies.
Nine categories fall outside it entirely:1South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-120 institutional housing tied to detention, medical care, education, counseling, or religious services; homes occupied under a purchase contract; housing inside a fraternal or social organization’s building for its members; hotels and motels subject to the accommodations tax; employer-provided housing tied to the job; condos you own and cooperative units held under a proprietary lease; property used primarily for agriculture; vacation timeshares under the Vacation Time Sharing Plan Act; and charitable or emergency shelters.
Renting a room in an owner-occupied home is not on that list. Unlike many other states, South Carolina does not explicitly exempt it.
Security Deposits
South Carolina does not cap the amount a landlord can charge as a security deposit. The teeth of the law come after you move out.
Within 30 days of the end of the tenancy, the landlord must return your deposit, minus any amounts withheld for unpaid rent or damages caused by your failure to meet tenant obligations under the Act. Whatever is withheld has to be explained in an itemized written statement delivered along with any remaining balance.2South Carolina Legislature. South Carolina Code 27-40-410 – Security Deposits; Prepaid Rent
If the landlord fails to return the deposit or send the required written statement within 30 days, you can sue for three times the amount wrongfully withheld plus reasonable attorney’s fees.2South Carolina Legislature. South Carolina Code 27-40-410 – Security Deposits; Prepaid Rent Triple damages apply whether the amount at stake is $200 or $2,000, which makes this one of the strongest enforcement tools in the entire Act. Send your forwarding address in writing and keep a copy.
Repairs and Habitability
Section 27-40-440 requires landlords to keep the property fit to live in. Specifically, the landlord must:3South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-440
- Comply with all building and housing codes that affect health and safety.
- Make repairs and do whatever is reasonably necessary to keep the unit livable.
- Keep common areas reasonably clean and safe in buildings with more than four units, and safe in smaller ones.
- Supply running water and reasonable amounts of hot water at all times, and provide heat unless the tenant controls the heating system through a direct utility connection.
- Keep electrical, plumbing, heating, ventilation, air conditioning, and other systems in good working order.
Any appliance present in the unit when you move in is presumed to be the landlord’s responsibility to maintain unless the lease specifically excludes it. In a single-family rental, the landlord and tenant may agree in writing that the tenant handles appliance maintenance and specific repairs, but only in good faith and not as a way to sidestep the landlord’s legal duties.
Using the 14-Day Notice
Tenants cannot simply stop paying rent because a repair is not done. The Act gives you a specific procedure instead. If the landlord violates the lease or fails to meet the maintenance obligations in Section 27-40-440 in a way that materially affects health, safety, or the physical condition of the property, deliver a written notice describing the problem and stating that you will terminate the lease if it is not fixed within 14 days.4South Carolina Legislature. South Carolina Code 27-40-610 – Noncompliance by Landlord If the landlord fixes the problem in time, the lease continues. If not, you can move forward with termination.
The word “materially” matters. A dripping faucet on its own probably won’t qualify; a broken furnace in January will. Send the notice by certified mail with return receipt so the landlord can’t later claim it never arrived.
Rent, Late Fees, and Payment
Unless your lease says otherwise, rent is due at the beginning of each month and is payable at your dwelling unit.5South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-310 A lease with no fixed term defaults to a month-to-month tenancy for most renters, or week-to-week for a roomer paying weekly rent.
The Act sets no specific dollar cap on late fees, but any late fee must be established in the lease. Courts examine whether the fee is reasonable in relation to the landlord’s actual costs. A modest percentage of monthly rent is typical; something that looks more like a penalty invites a challenge.
What Tenants Must Do
The Act places eight obligations on tenants:6South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-510 follow building and housing codes that apply to tenants; keep the unit reasonably clean and safe; dispose of garbage and waste properly; keep plumbing fixtures reasonably clean; use appliances and building systems reasonably; do not damage the property or let guests damage it; do not disturb other tenants’ peaceful enjoyment; and follow the lease and any enforceable rules.
The guest rule catches people off guard. If someone you invite in causes damage, the landlord can hold you responsible under the statute, not only under the lease.
Landlord Entry
Your landlord can enter your unit for inspections, repairs, or showings to prospective tenants, but must give you at least 24 hours’ notice and enter at reasonable times.7South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-530 Access Genuine emergencies are the exception, and the statute defines that broadly enough to include weather conditions that threaten the property.
You cannot unreasonably refuse entry. If you block access for necessary repairs and the condition of the property later becomes an issue in court, that refusal will work against you.
Eviction
For Nonpayment
If rent is unpaid when due and you fail to pay within five days, the landlord can move to terminate the lease and begin eviction proceedings.8South Carolina Legislature. South Carolina Code 27-40-710 – Noncompliance with Rental Agreement; Failure to Pay Rent The landlord must give written notice of nonpayment and intent to terminate. But the lease itself can satisfy that notice requirement permanently. If your lease contains language substantially equivalent to “If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit,” you will not get a separate warning before proceedings begin. Read your lease closely for that clause.
For Other Lease Violations
For breaches other than nonpayment, such as unauthorized occupants, property damage, or health-and-safety rule violations, the landlord must give written notice describing the problem and stating that the lease will terminate in no fewer than 14 days if you do not cure it. If the violation is curable and you fix it within 14 days, the lease survives. If the fix takes longer but you start in good faith within that window and finish within a reasonable time, you are still protected.
Responding in Court
If you are served with eviction papers or a Rule to Show Cause, you have 10 days from the date of service to file a response. Miss the deadline and the magistrate will likely issue an ejectment order without hearing from you. Most landlord-tenant matters run through magistrate court, which handles civil claims up to $7,500.9South Carolina Judicial Branch. Magistrate Court Larger claims go to circuit court.10South Carolina Legislature. South Carolina Code 27-40-130 – Jurisdiction and Service of Process
Your Belongings After Eviction
If your personal property is placed on a public street or highway during eviction, municipal or county officials will remove it after 48 hours, excluding weekends and holidays. Officials may also remove it during normal trash collection before or after that window. In areas without public trash collection, the landlord can remove and dispose of the property after the same 48 hours. The eviction notice must inform you of these rules. Have a plan before the sheriff arrives, not after.
Ending a Lease
A fixed-term lease ends on the date in the agreement. Neither side needs to give notice for it to expire, but many leases contain automatic renewal clauses that require advance notice to stop rollover. Check yours.
For a month-to-month tenancy, either party must give at least 30 days’ written notice before the termination date. For week-to-week, the notice period is seven days.11South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-770 The notice has to state the actual termination date. A vague message that you plan to leave “soon” does not satisfy the statute.
Military Servicemembers
Federal law lets you break a residential lease without penalty if you signed it before entering active duty and will serve at least 90 days, or if you signed after entering active duty and receive orders for a permanent change of station or a deployment lasting more than 90 days.12Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases Deliver written notice and a copy of your orders to the landlord. The lease terminates 30 days after the next monthly rent payment is due following delivery of the notice. A spouse or dependent can terminate the lease if the servicemember dies during service or suffers a catastrophic injury or illness.
Retaliation Protections
A landlord cannot raise rent above fair market value, reduce essential services, or bring an eviction action against you because you complained to a government agency about a building or housing code violation affecting health and safety, or complained to the landlord about a violation of the Act.13South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-910
If a landlord retaliates by refusing to renew a lease when the tenant is current on rent, the landlord cannot recover possession for 75 days and cannot raise rent above fair market value or cut essential services during that period. To raise retaliation as a defense in an eviction, you must notify the landlord in writing within 10 days after being served with a Rule to Vacate.
The protection has limits. The landlord can still bring an eviction if the code violation was primarily caused by your own negligence, if you are in material noncompliance with the lease, or if fixing the violation would require demolition or remodeling that makes the unit unusable. Landlords who rent more than four adjoining units can raise rent without triggering a retaliation presumption, provided the increase applies uniformly to all tenants or does not exceed fair market value.
Lease Clauses That Won’t Hold Up
A lease provision that forces you to waive rights under the Act, authorizes automatic entry of a court judgment against you, or releases the landlord from legal liability is void.14South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-330 If a landlord knowingly includes a prohibited clause and tries to enforce it, you can recover actual damages plus an amount up to the security deposit and reasonable attorney’s fees. If the use of the clause is malicious, the recovery rises to actual damages plus up to three months’ rent and attorney’s fees.
A separate provision makes it illegal to split rent collection from the duty to maintain the property.15South Carolina Legislature. South Carolina Code of Laws Title 27 – Chapter 40 – Section 27-40-340 A landlord cannot draft a lease that says “I’ll collect rent, but I’m not responsible for upkeep.” The two are permanently linked.
Federal Rules That Also Apply
Fair Housing
The federal Fair Housing Act prohibits discrimination in rental housing based on race, color, religion, sex, disability, familial status, or national origin.16Federal Register. HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard It reaches advertising, tenant screening, lease terms, and property access. A landlord cannot refuse to rent to a family with children, require a higher deposit from a tenant with a disability, or steer applicants toward or away from certain units based on a protected characteristic.
Lead-Based Paint
For any rental built before 1978, federal law requires the landlord to disclose any known lead-based paint or lead hazards, provide any available lead inspection reports, give you an EPA lead hazard information pamphlet, and allow a 10-day window for an independent inspection before the lease becomes binding.17Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property Young children and pregnant women face the highest risk from lead exposure, and skipping the disclosure exposes landlords to significant federal penalties.