South Carolina
This article provides a quick overview of some key South Carolina Landlord-Tenant laws applicable to residential rental units. We’ve used the Official South Carolina Statutes cited below to research this information and it should be a good starting point in learning about the law.
South Carolina Commercial Lease Agreement
South Carolina Landlord Tenant Key Rules
Official South Carolina Forms:
Security Deposit
| TOPIC | RULE |
| Security Deposit Maximum: | No statute. |
| Security Deposit Interest: | No statute. |
| Separate Security Deposit Bank Account: | No statute. |
| Non-refundable fees: | No statute. |
| Pet Deposits and Additional Fees: | No statute. |
| Deadline for Returning Security Deposit: | Deposits must be returned within 30 days after the termination of the tenancy and the delivery of possession and demand from the tenant, whichever is later. S.C. Code § 27-40-410 |
| Permitted Uses of the Deposit: | Deposits may be used for unpaid rent or fees, or damages which the landlord has incurred losses by reason of the tenant’s noncompliance with the lease agreement. S.C. Code § 27-40-410 |
| Security Deposit can be Withheld: | No statute. |
| Require Written Description/Itemized List of Damages and Charges: | Yes, deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due. S.C. Code § 27-40-410 |
| Receipt of Security Deposit: | No statute. |
| Record Keeping of Deposit Withholdings: | Yes, deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due. S.C. Code § 27-40-410 |
| Failure to Comply: | The tenant is permitted to recover the property and money in an amount equal to three times (3X) the amount wrongfully withheld and reasonable attorney’s fees if the landlord fails to to comply with the statute. S.C. Code § 27-40-410 |
Lease, Rent & Fees
| TOPIC | RULE |
| Rent is Due: | Rent is due without the need for demand or notice, and must be paid at the time and location specified in the lease agreement. Unless otherwise stated in writing, rent is typically due at the beginning of each month and should be paid at the dwelling unit. S.C. Code § 27-40-310(c) |
| Payment Methods: | No statute. |
| Rent Increase Notice: | No statute. |
| Late Fees: | No statute, but late fees are permitted and can be considered “rent” for the purposes of debt collection. S.C. Code § 27-40-210 |
| Application Fees: | No statute. |
| Prepaid Rent: | No statute. |
| Returned Check Fees: | Landlords can charge a maximum fee of $30 for a bounced or returned check. This fee may be charged for each occurrence of a bounced or return check. S.C. Code § 34-11-70 |
| Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): | The tenant may give written notice to the landlord specifying the breach if the landlord is negligent or failing to provide essential services and may: (1) procure reasonable amounts of the required essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent; or (2) recover damages based upon the diminution in the fair-market rental value of the dwelling unit and reasonable attorney’s fees. S.C. Code § 27-40-630 |
| Tenant Allowed to Repair and Deduct Rent: | The tenant is NOT able to make repairs on the rental property and deduct the cost of the repairs from rent. S.C. Code § 27-40-630 |
| Self-Help Evictions: | A landlord is not permitted to recover or take possession of a dwelling unit through any action, including reducing or interrupting essential services to the tenant, except in cases of abandonment, surrender, lease termination, or as otherwise allowed by law. S.C. Code § 27-40-760 |
| Landlord Allowed to Recover Court and Attorney’s Fees: | Landlords can recover attorney fees if the tenant’s actions are considered to be without merit and not raised in good faith regarding the noncompliance of the lease agreement. S.C. Code § 27-40-710 |
| Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: | The landlord is required to make reasonable efforts to rent the dwelling unit at a fair rental rate. If the landlord rents the unit before the expiration of the current lease agreement, the existing lease agreement will terminate on the start date of the new tenancy, while the landlord retains the right to pursue remedies under Section 27-40-740. If the landlord does not make reasonable efforts to rent the unit at a fair rental rate, or if the landlord accepts the abandonment as a surrender, the lease agreement is considered terminated by the landlord on the date the landlord becomes aware of the abandonment. S.C. Code § 27-40-730 |
Notices and Entry
| TOPIC | RULE |
| Notice to Terminate Tenancy: | No notice is needed as the lease simply expires per the terms in the agreement. It is recommended to provide at least 60 days notice. |
| Notice to Terminate a Periodic Lease – Month-to-Month: | The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice. S.C. Code § 27-40-770 |
| Notice to Terminate a Periodic Lease – Week-to-week: | The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice. S.C. Code § 27-40-770 |
| Notice to Terminate Lease due to Sale of Property: | The purchaser shall be entitled to all the benefits and rights under such lease as if he had been the lessor from the date of the purchase. S.C. Code § 27-35-50 |
| Notice of date/time of Move-Out Inspection: | No statute. |
| Notice of Termination for Nonpayment: | Five (5) days written notice is required before lease terminattion and filing for eviction. It can be written in the lease conspicuously so that termination can occur five (5) days after nonpayment of rent, though it here must be required language. S.C. Code § 27-40-710 |
| Notice for Lease Violation: | Landlords are required to give 14 days written notice if a lessee is in noncompliance of the rental agreement. S.C. Code § 27-40-710 |
| Required Notice before Entry: | Landlords are required to provide 24 hours’ notice and entry only at “reasonable” times once notified. S.C. Code § 27-40-530 |
| Entry Allowed with Notice for Maintenance and Repairs: | Entry is allowed. Landlords are required to provide 24 hours’ notice and entry only at “reasonable” times once notified. S.C. Code § 27-40-530 |
| Emergency Entry Allowed without Notice: | Entry is allowed without notice during emergency situations. S.C. Code § 27-40-530 |
| Entry Allowed During Tenant’s Extended Absence: | No statute. |
| Entry Allowed with Notice for Showing the Property: | Entry is allowed to show the property with at least 24 hours’ notice. S.C. Code § 27-40-530 |
| Notice to Tenants for Pesticide Use: | Entry is allowed for pesticide use with at least 24 hours’ notice. S.C. Code § 27-40-530 |
| Lockouts Allowed: | Lockouts are not permitted. S.C. Code § 27-40-760 |
| Utility Shut-offs Allowed: | Landlords are not allowed to shut-off utilities. S.C. Code § 27-40-760 |
| Electronic Notices Allowed: | no |
Disclosures
- Name and Addresses: Landlord must disclose name and address of owner and manager. (S.C. Code Ann. § 27-40-420)
- Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
- Domestic Violence Situations: Victims may terminate lease with court order and written notice. (S.C. Code Ann. § 27-40-730(G))
Duties
Landlord’s Duties
- Compliance: Must comply with applicable building and housing codes. (S.C. Code Ann. § 27-40-440(a))
- Repairs: Maintain premises in habitable condition. (S.C. Code Ann. § 27-40-440(a))
- Common Areas: Keep clean and safe. (S.C. Code Ann. § 27-40-440(a)(3))
- Maintenance: Maintain essential systems in good working order. (S.C. Code Ann. § 27-40-440(a)(2))
- Garbage: Provide waste disposal facilities. (S.C. Code Ann. § 27-40-440(a)(4))
Tenant’s Duties
- Cleanliness: Maintain unit clean. (S.C. Code Ann. § 27-40-510(a)(1))
- Trash: Dispose properly. (S.C. Code Ann. § 27-40-510(a)(2))
- Plumbing: Use fixtures properly. (S.C. Code Ann. § 27-40-510(a)(3))
- Appliances: Use reasonably. (S.C. Code Ann. § 27-40-510(a)(4))
- Damage: Avoid intentional or negligent damage. (S.C. Code Ann. § 27-40-510(a)(5))
- Quiet Enjoyment: Do not disturb others. (Common law)
- Subleasing: Permitted if lease allows. (Lease-specific)
- Retaliation: Not permitted. (S.C. Code Ann. § 27-40-910)
- Lead Disclosure: Required by federal law.