Overview of Landlord-Tenant Laws in South Carolina

South Carolina laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all South Carolina landlords and tenants.

Rental Application and Tenant Screening Laws

South Carolina law doesn't regulate many aspects of the tenant application and screening process. Unlike landlords in some other states, South Carolina landlords are free to charge an application fee to apply for a rental.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under age 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

South Carolina's fair housing laws prohibit discrimination based on the same categories as federal laws. (S.C. Code §§ 31-21-10 through 31-21-150 (2025).)

Criminal History Screening

Even though South Carolina law allows landlords to consider applicants' criminal histories (unlike some other states), landlords must still be careful. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Security Deposit Limit and Laws

Unlike many states, South Carolina doesn't place a limit on how much a landlord can charge for a security deposit. Landlords can charge however much the market will bear for a security deposit. However, if the landlord rents more than four adjoining dwelling units and charges different security deposits for those units, the landlord must either post in a conspicuous place or provide each tenant with a statement explaining how the security deposit amounts are determined. (S.C. Code § 27-40-410 (2025).)

Security Deposit Return

Within 30 days of the end of the tenancy, the landlord must return the security deposit to the tenant, minus any amounts applied toward unpaid rent or damages to the property that went beyond normal wear and tear. If the landlord makes deductions from the security deposit, they must provide the tenant with a written itemization of how the money was applied.

If the landlord fails to return the security deposit with the notice within 30 days, the tenant is entitled to receive three times the amount wrongfully withheld and reasonable attorneys' fees they incur to enforce their rights. In order to take advantage of this penalty, though, the tenant must provide the landlord with a forwarding address; otherwise, the tenant forfeits the right to any amount beyond the original security deposit. (S.C. Code § 27-40-410 (2025).)

Small Claims Lawsuits in South Carolina

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. In South Carolina, small claims court is called "Magistrates Court." Magistrates Courts can hear cases in which the plaintiff—the person suing—isn't asking for more than $7,500. (S.C. Code § 22-3-10 (2025).)

Late Fees, Disclosures, and Other Rent Rules

Rent is due on whatever day the landlord and tenant agree to. Landlords can charge tenants a fee for paying rent late, but any late fee should be a reasonable estimate of the cost that the landlord incurs because the rent is late (for example, any interest or collection costs). Late fees should be disclosed in the lease or rental agreement—otherwise, a court might not enforce them.

Grace Periods

South Carolina landlords aren't required to give tenants a rent payment grace period—rent is due on the date specified in the lease or rental agreement, and a landlord can consider it late if it's not paid on that date. However, if the lease or rental agreement gives the tenant a grace period for paying rent, the landlord must honor it.

Required Landlord Disclosures in South Carolina

Landlords in South Carolina must disclose some information to tenants, including:

• Owner or agent identity. At or before the beginning of the tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the rental as well as an owner of the premises or a person authorized to act for and on behalf of the owner for purposes of service of process and receiving notices and demands. (S.C. Code § 27-40-420 (2025).)
• Smoke detectors. When a tenant moves in, the landlord must give the tenant verbal or written instructions (or both) for testing the detectors and replacing batteries in battery-powered detectors. (S.C. Code § 5-25-1330 (2025).)

Rent Increases

Landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

South Carolina Landlords Must Provide Habitable Rentals

South Carolina landlords have a duty to:

• comply with applicable codes that materially affect health and safety
• make repairs that are necessary to keep the rental in a fit and habitable condition
• keep common areas in a reasonably safe condition (if the rental has more than four units, the landlord also has a duty to keep them reasonably clean)
• make running water and reasonable amounts of hot water available at all times
• provide reasonable heat, and
• maintain in reasonably good and safe working order all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances (including elevators).

Under limited circumstances, such as in a single-family rental, the landlord and tenant may agree to have the tenant perform some of these duties. (S.C. Code § 27-40-440 (2025).)

South Carolina Rules About Landlords' Access to Property

In all states, even in the absence of a statute, landlords can enter a rental without giving notice in order to deal with a true emergency (an imminent and serious threat to health, safety, or property) or when the tenant has abandoned the property (left for good). South Carolina also considers prospective changes in weather conditions that pose a likelihood of danger to the property to be an emergency. (S.C. Code § 27-40-530(b)(1) (2025).)

South Carolina landlords can also enter an occupied rental without the tenant's consent:

• between 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace filters or insect abatement—as long as this right to enter is written in the rental agreement and the landlord announces their intent to enter before entering; and
• between 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant (the landlord must announce their intent to enter).

(S.C. Code § 27-40-530(b) (2025).)

In other situations, South Carolina tenants must give reasonable consent for the landlord to enter the unit to inspect, make necessary or agreed-upon repairs, supply necessary or agreed-upon services, or show the rental to prospective or actual purchasers, mortgagees, tenants, workpeople, or contractors. Conversely, tenants are generally not permitted to change the locks without the landlord's permission, maintaining the landlord's right to access. (S.C. Code § 27-40-530 (2025).)

Tenant Rights to Withhold Rent in South Carolina

When a landlord brings an eviction suit on the basis that the tenant hasn't paid rent, the tenant can defend the lawsuit by showing that the landlord has violated a term of the lease or a provision of the South Carolina Residential Landlord and Tenant Act. However, the tenant must have given the landlord notice of the violation of the duties at least 14 days before rent is due. (S.C. Code § 27-40-640 (2025).)

If a landlord fails to provide essential services or maintain a habitable residence, the tenant can give the landlord written notice of the failure and can either:

• fix the issue themselves and deduct the expense from the rent, or
• recover damages based on the what the fair market value rent of the property is based on its current condition, along with attorneys' fees.

(S.C. Code § 27-40-630 (2025).)

Alternatively, when a landlord fails to comply with the terms of the lease or provide a habitable residence, the tenant can give the landlord a written notice that specifies the issues and lets the landlord know that if the problem isn't fixed within 14 days, the tenant will move out. (S.C. Code § 27-40-610 (2025).)

Termination and Eviction Rules

State laws specify when and how a landlord may terminate a tenancy. The procedures for terminating a tenancy depend on the reasons why the landlord is ending the tenancy.

Notice of Termination for Cause

A landlord must have legal cause—a good reason—to evict a tenant before the rental term has expired. Under South Carolina law, a landlord can end a tenancy for cause when the tenant:

• fails to pay rent
• violates the lease or rental agreement
• allows illegal activities at the rental, or
• does something that materially affects health and safety or the physical condition of the property.

Failure to Pay Rent

In South Carolina, as long as a landlord puts a written notice in the lease about the landlord's right to evict if rent isn't paid, the landlord can begin eviction proceedings without notice when the tenant fails to pay rent within five days from the due date. If there isn't a written notice in the lease, the landlord must give the tenant a 5-day written notice to pay rent before they can begin eviction proceedings. (S.C. Code § 27-40-710(B) (2025).)

Lease Violations, Illegal Acts, and Acts That Affect Health and Safety

When a tenant acts in a way that endangers health or safety (or the physical condition of the property), or allows illegal activities at the rental, the landlord can give the tenant a 14-day notice to fix the issue (if possible) or move out. If the tenant does neither, the landlord can file for eviction. (S.C. Code § 27-40-710(A) (2025).)

Notice of Termination Without Cause

When a South Carolina landlord doesn't have cause to evict a tenant, the landlord's options for ending the tenancy depend on the type of tenancy.

Ending a Month-to-Month Tenancy Without Cause

If either the landlord or the tenant wants to end a month-to-month tenancy without cause, they must give the other 30 days' written notice. (S.C. Code § 27-40-770 (2025).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy—unless the lease requires it.

Tenant Defenses to Eviction

A tenant can defend against an eviction when they believe that a landlord is ending the tenancy in retaliation for:

• complaining to a governmental agency about a building or housing code affecting health and safety or
• another violation of state landlord-tenant laws.

When a tenant plans to use retaliation as a defense, they must notify the landlord in writing of their intent within 10 days after service of the Rule to Vacate or Show Cause. (S.C. Code § 27-40-910 (2025).)

Tenants might also defend against an eviction by showing that they have paid the rent (if the eviction is due to failure to pay rent), or that the landlord is evicting them on the basis of illegal discrimination.

Illegal Evictions

The only way that a landlord in South Carolina can remove a tenant before their lease is up is to go through the judicial eviction process. Landlords can't resort to self-help measures to pressure a tenant to leave. For example, it's illegal for a landlord to threaten to (or actually) take possession of the rental by locking out the tenant or intentionally causing the interruption of heat, running water, hot water, electricity, or gas services.

If a landlord illegally evicts a tenant, the tenant has the right to either terminate the lease or recover possession. In either situation, the tenant is entitled to recover from the landlord an amount equal to three months' rent or twice the tenant's actual damages (such as moving costs)—whichever is greater. The landlord will also be on the hook for the tenant's attorneys' fees. (S.C. Code § 27-40-660 (2025).)

South Carolina Landlord-Tenant Statutes

If you want to read the text of a law itself, you can find state statutes on the South Carolina Legislature's website.

Local Ordinances Affecting South Carolina Landlords and Tenants

Cities and counties often pass local ordinances, such as rent control rules, health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in South Carolina and then do a search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in South Carolina.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in South Dakota. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide