South Carolina Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in South Carolina
What are the late fee regulations in South Carolina?
South Carolina law requires that late fees must be clearly specified in the lease agreement. While there is no statutory limit on late fees, they must be reasonable and specified in the written lease agreement. The South Carolina Residential Landlord and Tenant Act requires that any late fee policy must be clearly disclosed in the lease. Courts generally consider late fees of 10% or less of the monthly rent to be reasonable. Late fees cannot be charged until rent is at least one day late unless otherwise specified in the lease agreement.
What are the rules for security deposits in South Carolina?
South Carolina law does not set a limit on security deposit amounts, but they must be reasonable. Landlords must return deposits within 30 days of lease termination and provide an itemized list of any deductions. Security deposits can be held in any bank account, but must be handled in good faith. Landlords can deduct for unpaid rent, damages beyond normal wear and tear, and other lease violations. If the landlord fails to return the deposit or provide an itemized list within 30 days, the tenant may recover up to three times the amount wrongfully withheld plus reasonable attorney fees under South Carolina Code § 27-40-410.
What are the eviction rules and tenant protections in South Carolina?
South Carolina requires: 1) 5-day notice for non-payment of rent, 2) 14-day notice for lease violations, 3) 30-day notice for month-to-month termination. Self-help eviction is illegal under South Carolina law. Landlords must obtain a court order through proper legal proceedings. Tenants have the right to cure lease violations within the notice period. The South Carolina Safe Housing Act provides special protections for victims of domestic violence. Tenants may withhold rent only if ordered by a court. All notices must be in writing and properly served according to South Carolina Code § 27-40-710.
What are the maintenance requirements for landlords in South Carolina?
South Carolina law requires landlords to maintain rental properties according to the South Carolina Residential Landlord and Tenant Act (SCRLTA). Requirements include: 1) Maintaining essential services including electrical, plumbing, heating, and air conditioning systems, 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal, 5) Complying with applicable building and housing codes. Tenants must provide written notice of needed repairs. Landlords have 14 days to make repairs after receiving notice. If repairs aren't made, tenants may terminate the lease or sue for actual damages and reasonable attorney fees under SC Code § 27-40-610.
What notice is required for landlord entry in South Carolina?
Under South Carolina Code § 27-40-530, landlords must provide at least 24 hours notice before entering a rental unit, except in emergencies. Entry must be at reasonable times (generally 9 AM to 6 PM unless otherwise agreed). The notice should specify the purpose of entry and approximate time. Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. Tenants cannot unreasonably withhold consent to enter. The law protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Violations may result in actual damages and attorney's fees.
What are the rules for rent increases in South Carolina?
In South Carolina, for month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent. For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. South Carolina has no state-wide rent control laws, but increases cannot be retaliatory or discriminatory. The notice must be in writing and properly delivered to the tenant. Local ordinances may have additional requirements. Major cities like Columbia, Charleston, and Greenville may have specific guidelines. Any rent increase during a fixed-term lease must be explicitly allowed in the original lease agreement.
What are my rights regarding repairs in South Carolina?
Under South Carolina Code § 27-40-440, tenants have the right to: 1) A habitable living space that meets building and housing codes, 2) Written notice to landlord of needed repairs, 3) 14 days for landlord to make repairs after notice. If the landlord fails to make necessary repairs, tenants may: 1) Terminate the lease with written notice, 2) File a complaint with local housing authorities, 3) Sue for actual damages and reasonable attorney fees. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. Self-help remedies like repair-and-deduct are not explicitly authorized by South Carolina law, so tenants should consult with legal counsel before withholding rent.
What are South Carolina's requirements for smoke detectors?
South Carolina Code § 5-25-1330 requires working smoke detectors in all rental properties. Requirements include: 1) At least one smoke detector on every floor, 2) Smoke detectors outside each sleeping area, 3) Smoke detectors inside each bedroom, 4) Carbon monoxide detectors in units with fuel-burning appliances or attached garages. Landlords must: 1) Provide and maintain working detectors, 2) Replace batteries at the beginning of each tenancy, 3) Test all detectors during unit turnover, 4) Replace detectors that are over 10 years old. Tenants are responsible for testing detectors monthly and replacing batteries during their tenancy. Tampering with detectors is illegal and may result in fines.
What disclosures are required from South Carolina landlords?
South Carolina landlords must disclose: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection results • Building code violations • Smoke detector certification • Flood zone status (if applicable) • Previous methamphetamine contamination (if applicable) • Bedbug infestations within past 8 months • Military noise zone notice (if near bases) • HOA rules (if applicable) • Crime-free addendum (if part of local program) • Contact information for emergency maintenance • Notice of foreclosure proceedings (if applicable) • Presence of sprinkler systems
What are the rules about security deposit deductions in South Carolina?
Under South Carolina Code § 27-40-410, landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease. Landlords must provide an itemized list of deductions within 30 days of lease termination. Security deposits must be returned within 30 days of move-out, minus any legitimate deductions. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to follow these requirements, they may be liable for up to three times the amount wrongfully withheld plus reasonable attorney fees. South Carolina does not limit the amount of security deposit that can be charged.
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
