South Carolina Landlord-Tenant Laws: What Every Property Owner Should Know

If you own rental property in South Carolina, you’re responsible for knowing the rules. The SC Residential Landlord and Tenant Act (Title 27, Chapter 40) spells out exactly what’s expected of both landlords and tenants. It’s not the most exciting reading, but understanding these laws protects your investment and keeps you out of legal trouble.

Here’s what you need to know.

What Governs the Landlord-Tenant Relationship in SC?

The main law is the South Carolina Residential Landlord and Tenant Act (SC Code ss 27-40-10 through 27-40-940). It applies any time a written or oral rental agreement exists, or when someone accepts payment as rent.

This covers everything from security deposits to eviction procedures. If your lease contradicts this law, the law wins.

Security Deposit Rules

South Carolina doesn’t cap how much you can charge for a security deposit. That said, charging too much makes it harder to fill your unit.

What the law does require:

• Return the deposit within 30 days after the tenancy ends and the tenant gives back possession (SC Code s 27-40-410)
• Provide an itemized list of any deductions in writing
• Only deduct for actual damages and unpaid rent caused by the tenant’s noncompliance

If you wrongfully withhold a deposit, your tenant can sue for three times the amount withheld plus attorney’s fees. That’s a mistake you really don’t want to make.

What Landlords Are Required to Do

Under SC Code s 27-40-440, landlords must:

• Follow all building and housing codes that affect health and safety
• Make repairs needed to keep the property fit and habitable
• Keep common areas safe
• Provide running water and reasonable hot water at all times
• Maintain heating, electrical, plumbing, and HVAC systems in good working order
• Provide reasonable heat

If a tenant reports a needed repair in writing, you’ve got 14 days to fix it (SC Code s 27-40-610). Miss that window, and the tenant can take you to court for actual damages and an injunction.

One thing to keep in mind: any appliances that are in the unit when the tenant moves in are presumed to be supplied by you unless your lease specifically says otherwise.

What Tenants Are Required to Do

Tenants have obligations too. Under SC Code s 27-40-510, they must:

• Keep the unit reasonably safe and clean
• Dispose of waste properly
• Keep plumbing fixtures clean
• Use all systems and appliances reasonably
• Not damage, deface, or remove any part of the property
• Conduct themselves so they don’t disturb other tenants
• Follow the lease terms

Required Disclosures

Before or at the start of the tenancy, you must provide in writing (SC Code s 27-40-420):

1. The name and address of the property owner or an authorized managing agent. If you don’t disclose this, the property manager automatically becomes the agent for all your obligations.
2. Mold disclosure stating whether there’s visible mold in accessible areas inside the unit.
3. Lead-based paint disclosure for any property built before 1978 (this one’s federal).

Rent Rules: Late Fees, Increases, and Grace Periods

SC law doesn’t require a grace period. Rent is technically late the day after it’s due unless your lease says otherwise.

Late fees: There’s no statutory cap. Whatever amount is in your lease agreement is what you can charge.

Rent increases: South Carolina has no rent control. You can raise rent by any amount, but:

• For month-to-month tenants, give 30 days’ written notice
• For week-to-week tenants, give 7 days’ written notice
• During a fixed-term lease, you can’t raise rent unless the lease specifically allows it
• Increases can’t be retaliatory (more on that below)

Bounced checks: You can charge up to $30 for a returned check under SC Code s 34-11-70.

Entry and Access Rules

You can’t just walk into your tenant’s unit whenever you want. SC Code s 27-40-530 sets clear rules:

• General entry: Give 24 hours’ written notice and enter at reasonable times only
• Emergencies: You can enter without notice (weather threats that could damage the property count)
• Scheduled services (filters, pest control): Enter between 9 AM and 6 PM, but only if the right to enter is conspicuously stated in the lease and you announce yourself before entering
• Tenant-requested repairs: Enter between 8 AM and 8 PM with announcement
• Showings: Tenants can’t unreasonably refuse access for prospective tenants or buyers

Abuse of access rights, or using entry to harass a tenant, is prohibited.

The Eviction Process (Overview)

When things go south, here’s the basic framework:

• Nonpayment of rent: 5-day notice to pay or face eviction proceedings (SC Code s 27-40-710)
• Curable lease violation: 14-day notice to fix the issue
• Criminal activity or severe damage: No notice needed. File immediately.
• Month-to-month termination: 30-day written notice
• Week-to-week termination: 7-day written notice

The court process goes through Magistrate Court. You file an Application for Ejectment, the tenant gets served, and a hearing is scheduled. The whole process typically takes 30 to 90 days depending on whether it’s contested.

One thing you absolutely cannot do: take matters into your own hands. Changing locks, shutting off utilities, or removing a tenant’s belongings without a court order is illegal under SC Code s 27-40-760. If you do it, the tenant can recover three months’ rent or double their actual damages, plus attorney’s fees.

We’ve written a more detailed guide on the eviction process if you need the full step-by-step breakdown.

Anti-Retaliation Protections

SC Code s 27-40-910 says you can’t retaliate against a tenant for:

• Complaining to a government agency about code violations
• Joining a tenant organization
• Exercising any rights under the Landlord-Tenant Act

Retaliatory actions include raising rent above market value, cutting essential services, or threatening eviction. The penalty is steep: three months’ rent or triple actual damages (whichever is greater), plus attorney’s fees.

Fair Housing Rules

South Carolina’s Fair Housing Law (SC Code ss 31-21-10 through 31-21-150) mirrors the federal Fair Housing Act. You can’t discriminate based on:

• Race or color
• Religion
• Sex
• National origin
• Disability (physical or mental)
• Familial status (families with children under 18)

Complaints go to the South Carolina Human Affairs Commission and must be filed within 180 days.

Important: What SC Law Doesn’t Allow Tenants to Do

Unlike some states, South Carolina does not allow tenants to:

• Withhold rent because of repair issues
• Make repairs themselves and deduct the cost from rent

Their options are to sue for damages, get a court order, or terminate the lease. This is actually a protection for you as a landlord, but it also means you need to be responsive to repair requests. Ignoring them creates legal exposure.

When Professional Management Makes Sense

Keeping up with all of this while managing your own properties is doable, but it’s a lot. Between repair timelines, notice requirements, security deposit rules, and fair housing compliance, there’s real risk in getting something wrong.

That’s where a local property manager can help. At Happy Homes, we handle the legal compliance so you don’t have to worry about missing a deadline or making a costly mistake. We live and work in the Lowcountry, and we know SC rental law inside and out.

Our team handles:

• Legally compliant lease agreements with proper SC notice clauses
• Security deposit accounting that follows the 30-day return rule
• Documented repair tracking within the 14-day window
• Thorough tenant screening to prevent problems before they start
• Fair housing compliance across all 10 Tri-County service areas

We currently manage properties across Charleston, Mt. Pleasant, Summerville, West Ashley, Goose Creek, James Island, Johns Island, Daniel Island, Hanahan, and North Charleston.

This article is for informational purposes only and doesn’t constitute legal advice. For specific legal questions about your rental property, consult a licensed South Carolina attorney.