South Carolina Landlord-Tenant Law
The rules for renting in South Carolina — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for South Carolina
- Security deposit limit
- No statutory cap on the amount of a security deposit. S.C. Code § 27-40-410
- Deposit return deadline
- 30 days after termination of the tenancy and delivery of possession and demand by the tenant. S.C. Code § 27-40-410(a)
- Notice for unpaid rent
- If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. S.C. Code § 27-40-710(B); § 27-37-10(B)
- Ending a month-to-month lease
- Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 7 days. S.C. Code § 27-40-770
- Landlord entry notice
- At least 24 hours' notice and entry at reasonable times. Exceptions: emergencies (any time); regularly scheduled periodic services (9 a.m.-6 p.m.) if conspicuously stated in the written lease and announced at entry; tenant-requested services (8 a.m.-8 p.m.) with announcement. S.C. Code § 27-40-530
- Rent control / increase limits
- No statewide rent cap. Counties and municipalities are prohibited from enacting, maintaining or enforcing rent control on privately owned residential property. S.C. Code § 27-39-60
Last verified against official sources: 2026-10-22
Security Deposits in South Carolina
| Security deposit limit | No statutory cap on the amount of a security deposit. Landlords renting more than four adjoining units who use different deposit standards for different tenants must disclose those standards (§ 27-40-410(c)). Source: S.C. Code § 27-40-410 |
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| Deposit return deadline | 30 days after termination of the tenancy and delivery of possession and demand by the tenant. Tenant should give a forwarding address in writing; if not, the tenant loses the statutory damages where the landlord had no notice of the tenant's whereabouts and mailed to the last known address. Protected tenants terminating early under new § 27-40-350 (2026 Act 184) may have deposit return delayed to lease end if the lease so provides. Source: S.C. Code § 27-40-410(a) |
| Itemized deductions | Written notice itemizing the amounts withheld (accrued rent and damages from tenant noncompliance), delivered with any balance due within the 30 days. Source: S.C. Code § 27-40-410(a) |
| Interest on deposits | Not required by statute. § 27-40-410 contains no interest requirement. Source: S.C. Code § 27-40-410 |
| Penalty for withholding | Three times the amount wrongfully withheld, plus reasonable attorney's fees. Source: S.C. Code § 27-40-410(b) |
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Eviction in South Carolina
| Notice for unpaid rent | If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. Ch. 37 text: https://www.scstatehouse.gov/code/t27c037.php |
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| Notice for lease violations | Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. Attorney's fees available for willful noncompliance. Source: S.C. Code § 27-40-710(A) |
| Lockouts & utility shutoffs | If the landlord unlawfully removes or excludes the tenant or willfully diminishes/interrupts essential services, the tenant may recover possession or terminate, and recover the greater of 3 months' periodic rent or twice actual damages, plus reasonable attorney's fees. On termination the landlord must return the deposit per § 27-40-410. Source: S.C. Code § 27-40-660 |
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Notice to Vacate in South Carolina
| Ending a month-to-month lease | Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 7 days. Willful holdover: landlord may recover the greater of 3 months' periodic rent or twice actual damages, plus attorney's fees. Source: S.C. Code § 27-40-770 |
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Landlord Entry in South Carolina
| Landlord entry notice | At least 24 hours' notice and entry at reasonable times. Exceptions: emergencies (any time); regularly scheduled periodic services (9 a.m.-6 p.m.) if conspicuously stated in the written lease and announced at entry; tenant-requested services (8 a.m.-8 p.m.) with announcement. Tenant may not unreasonably withhold consent; tenant may not change locks without permission. Source: S.C. Code § 27-40-530 |
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Repairs & Habitability in South Carolina
| Repair and deduct | No. The Act expressly does not authorize tenants to make repairs and deduct the cost from rent. Limited exception: for a landlord's negligent/willful failure to supply essential services, after written notice and a reasonable time, the tenant may procure reasonable amounts of the service and deduct the actual reasonable cost. Alternative: damages for diminished rental value plus attorney's fees. Tenant may also terminate after 14 days' notice for uncured material noncompliance (§ 27-40-610). Source: S.C. Code § 27-40-630 |
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| Withholding rent | No self-help withholding right. Landlord noncompliance may be raised as a defense/counterclaim in a possession or rent action, but the tenant must pay rent accruing after the Rule to Vacate into court and the rent allegedly owed before it, or face a warrant of ejectment. Defense waived for maintenance issues if the landlord had no notice 14 days before rent was due (non-essential) or reasonable time for emergency repairs (essential services). Bad-faith defenses expose tenant to landlord's damages and attorney's fees. |
| Retaliation protection | Landlord may not increase rent above fair-market value, decrease essential services, or bring a possession action because the tenant complained to a code-enforcement agency about a material health/safety violation or complained to the landlord about a violation of the Act. Retaliation is a defense to eviction, but the tenant must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause that the tenant intends to raise it. A retaliating landlord is liable for up to 3 months' rent or treble actual damages, whichever is greater, plus attorney's fees. No statutory presumption period. If the defense is without merit, the landlord gets reasonable attorney's fees; if raised in bad faith, the landlord may recover up to 3 months' rent or treble actual damages (§ 27-40-910(b)). Exceptions: tenant-caused violations, tenant in material noncompliance (incl. rent default), or code compliance requiring demolition/remodeling. If a landlord retaliates by non-renewal, it may not recover possession for 75 days (§ 27-40-910(g)). Source: S.C. Code § 27-40-910 |
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Rent Increases & Late Fees in South Carolina
| Rent control / increase limits | No statewide rent cap. Counties and municipalities are prohibited from enacting, maintaining or enforcing rent control on privately owned residential property. Exceptions: property owned by the local government (or an authority it creates) and agreements with private persons regulating rent. Enacted 1985. Source: S.C. Code § 27-39-60 |
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| Late fees | No statutory cap or grace period. The Act defines 'rent' to include late charges (§ 27-40-210) but does not limit them. Source: None in Title 27, Ch. 40 |
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Breaking a Lease in South Carolina
| Ending a lease: domestic violence | Since May 18, 2026, a 'protected tenant' (victim of domestic abuse/violence where victim and perpetrator are both leaseholders on the same property, documented by a restraining order, order of protection, or conviction) may end future lease obligations by written notice within 60 days of the incident, with the documentation attached. Termination is effective on the date in the notice, at least 30 days after the landlord receives it (earlier if landlord agrees in writing). No early-termination penalties or fees, but the tenant owes rent through the effective date and any damage; the deposit need not be returned until the end of the lease. Co-tenants remain liable; if the perpetrator is the sole remaining tenant, the landlord may terminate on 5 days' written notice. Retaliation is barred. Narrow scope: applies only where both victim and perpetrator are leaseholders on the same property; does not cover sexual assault or stalking by a non-leaseholder. |
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| Ending a lease: military, medical, death | No state-law early termination right for military (beyond federal SCRA), medical/disability, seniors moving to care, or tenant death found in the Residential Landlord and Tenant Act. Did not search other titles (e.g., Title 25 military code) for a state servicemember lease provision. Source: S.C. Code Title 27, Ch. 40 |
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Squatters & Abandoned Property in South Carolina
| Squatters / unauthorized occupants | Since June 30, 2026, a property owner (or representative) may file a verified petition with the clerk of court or chief magistrate to remove 'unlawful occupants' (people with no permission, no legal right to occupy and no tenant protections). The petition must allege, among other things, that the property was not open to the public, the occupants are not tenants/former tenants or immediate family, the owner told them to leave, and there is no pending litigation. For good cause the court must immediately issue an ex parte removal order, with a hearing within 24 hours; the sheriff or constable enforces it and may arrest for trespass. The officer may stand by while the owner changes locks and moves the occupants' belongings to the property line. Violating the ex parte order is a felony (up to 3 years / $3,000). A person wrongfully removed may sue for restored possession, actual damages and $1,000 statutory damages. Effective June 30, 2026. Filing fees equal those in the court of common pleas (27-37-220). |
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| Belongings left behind | If the unit is abandoned or the lease has ended and the tenant removed a substantial portion of belongings or permanently shut off utilities, and the property left behind is worth $500 or less, the landlord may enter (by force if needed) and dispose of it; otherwise the landlord may remove property only through the ejectment process (27-37-10 to -150). Belongings put on a public street after an eviction are removed by municipal/county officials after 48 hours (excluding weekends and holidays), or by the landlord as trash where no public collection exists; the eviction notice must tell the tenant this. No statutory storage period or sale procedure. Abandonment is presumed after 15 days' unexplained absence following rent default (immediately if the tenant shut off utilities). Landlord not liable for disposal under 27-40-730(d) even if property exceeded $500 unless grossly negligent (27-40-730(f)). |
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Rental Fees in South Carolina
| Application / screening fees | No statute - no cap or refund rule for application/screening fees in the Residential Landlord and Tenant Act. Federal FCRA adverse-action rules still apply to screening. Source: S.C. Code Title 27, Ch. 40 |
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| Other rental fees | No statute specifically limiting move-in, convenience or other rental fees; general unconscionability doctrine (27-40-230) and prohibited lease provisions (27-40-330) apply. Source: S.C. Code 27-40-230; 27-40-330 |
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Section 8, Records & Right to Counsel in South Carolina
| Section 8 / source of income | No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. Source: S.C. Code 31-21-40 |
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| Eviction record sealing | Starting January 1, 2027: eviction filings and records with a defendant's personal information (including cases ending in an order of eviction or writ of ejectment, settled cases, and cases resolved by later payment) must be removed from the public index and publicly accessible files 7 years after final disposition or filing if no additional filing is recorded. Removal is automatic (by the responsible agency); no motion process. A separate bill, S.744 (expungement by motion after 5 eviction-free years), was still in Senate Judiciary per https://www.scstatehouse.gov/sess126_2025-2026/bills/744.htm. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision in the ejectment or landlord-tenant chapters. |
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Mold, Pests, Heat & AC in South Carolina
| Mold | No statute — general habitability/repair duty applies. South Carolina has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must comply with building and housing codes materially affecting health and safety and 'make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.' Tenant remedies for landlord noncompliance are in § 27-40-610 (written notice; termination or damages) and § 27-40-630 (essential services). Local codes may address mold. Source: S.C. Code § 27-40-440(a)(1)-(2) |
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| Pests & bed bugs | No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit and habitable applies; the tenant must keep the unit and the part of the premises the tenant uses reasonably safe and clean and dispose of garbage in a reasonably clean and safe manner. If the written lease conspicuously says so, the landlord may enter without consent between 9 a.m. and 6 p.m., after announcing intent, for regularly scheduled termite, insect or pest treatment. No state bed-bug disclosure or inspection rule. Who pays for treatment generally depends on the lease and on whether the tenant caused the infestation. |
| Heat | Yes. The landlord must make available reasonable heat (and running and reasonable hot water) except where the building is not required by law to be equipped for heat or the heat is generated by an installation in the tenant's exclusive control on a direct utility connection, and must keep landlord-supplied heating facilities in reasonably good and safe working order. Heat is an 'essential service.' No statewide minimum temperature or heating season. Appliances or facilities needed for essential services cannot be excluded from the landlord's maintenance duty. Willful interruption of essential services lets the tenant recover the greater of three months' rent or twice actual damages plus attorney's fees (§ 27-40-660). |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be kept in reasonably good and safe working order; appliances in the unit are presumed landlord-supplied unless the rental agreement specifically excludes them. Source: S.C. Code § 27-40-440(a)(5) |
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Privacy, Guests & Animals in South Carolina
| Cameras & privacy | No landlord-specific statute. Being an eavesdropper or 'peeping tom' on another's premises — including using video or audio equipment to spy on or invade the privacy of others — is a misdemeanor (up to $500 and/or 3 years). Knowingly viewing, photographing or recording another person without knowledge and consent, for sexual purposes, where there is a reasonable expectation of privacy is voyeurism (felony for repeat offenses). Intercepting wire, oral or electronic communications is lawful only if the person is a party or one party consents (one-party consent). The peeping-tom offense does not require sexual intent, so hidden cameras or audio devices aimed at tenants' private areas can violate it. 'Reasonable expectation of privacy' includes places where one expects to be safe from surveillance. Wiretap chapter: https://www.scstatehouse.gov/code/t17c030.php. Landlords must give 24 hours' notice to enter except as allowed by § 27-40-530(b). |
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| Guests & occupants | No statute on guests vs. tenants or roommate rights — the lease governs. Owners and managers may adopt reasonable occupancy standards based on the number and size of bedrooms and overall unit size, as long as they do not violate local, state or federal limits. Tenants must not let persons on the premises with their permission damage the premises or disturb other tenants. Occupancy standards may not be used to discriminate based on familial status. |
| Service & support animals (state law) | To decide whether an animal that is not a service animal (e.g., an emotional support animal) is a reasonable accommodation, a landlord may ask whether the person has a disability that substantially limits one or more major life activities and whether the person has a disability-related need for the animal, and may request documentation; documentation is sufficient if it shows a disability and that the animal provides disability-related assistance or emotional support. Persons with disabilities who have an assistance dog are entitled to full and equal access to rental housing and may not be charged extra for the dog, but are liable for damage it causes. Intentionally misrepresenting an animal as a service animal to obtain a right or privilege of a disabled person is a civil violation (fines up to $250 / $500 / $1,000). § 31-21-70(N) added by 2019 Act No. 44, effective May 16, 2019. Assistance-dog housing rule: https://www.scstatehouse.gov/code/t43c033.php. Misrepresentation statute: https://www.scstatehouse.gov/code/t47c003.php (not a criminal offense; no custodial arrest). |
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How eviction works in South Carolina
Eviction cases are heard in: Magistrate (summary) court in the county where the property is located.
- Notice: 5-day nonpayment notice (or conspicuous lease clause) / 14-day breach notice / 30-day month-to-month notice (§§ 27-40-710, 27-40-770, 27-37-10)
- Landlord applies to the magistrate; magistrate issues a Rule to Vacate or Show Cause (§ 27-37-20)
- Tenant has 10 days after service to vacate or request a hearing/show cause (§ 27-37-20); posting-and-mail service allowed after two failed personal attempts (§ 27-37-30)
- If tenant does not respond, warrant/writ of ejectment issues (§ 27-37-40); if contested, hearing (jury on demand) (§ 27-37-60)
- If the tenant raises defenses, rent must be paid into court (§ 27-40-790)
- Writ of ejectment executed by sheriff/constable; occupants given 24 hours to leave before forcible removal (§ 27-37-160)
- Appeal to circuit court stays ejectment only if the tenant files an affidavit to pay rent as it comes due (§ 27-40-800, rewritten by 2026 Act 252, eff. June 30, 2026)
10 days after service of the Rule to Vacate or Show Cause to request a hearing / show cause.
Source: S.C. Code §§ 27-37-10 to 27-37-160; 27-40-790, 27-40-800
What surprises people about South Carolina rental law
- Repair-and-deduct is expressly barred except for buying essential services (S.C. Code § 27-40-630)
- Wrongfully withheld deposits carry triple damages plus attorney's fees (S.C. Code § 27-40-410)
- A lease clause in bold, conspicuous type can replace the 5-day nonpayment notice (S.C. Code §§ 27-40-710, 27-37-10)
- Tenant's belongings placed on the street after eviction are removed after 48 hours excluding weekends/holidays (S.C. Code § 27-40-710)
- NEW 2026: victims of domestic abuse between co-leaseholders may end lease obligations on 30 days' notice given within 60 days of a documented incident (S.C. Code § 27-40-350, 2026 Act 184, eff. May 18, 2026)
- NEW 2026: separate expedited procedure for removing unlawful occupants/squatters (S.C. Code §§ 27-37-200 to -350, 2026 Act 252, eff. June 30, 2026)
- Local rent control is banned (S.C. Code § 27-39-60)
Federal law that also applies in South Carolina
These federal rules apply on top of South Carolina law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
Eviction by county in South Carolina
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Greenville County (Greenville)
- Eviction in Richland County (Columbia)
- Eviction in Charleston County (Charleston, North Charleston)
- Eviction in Horry County (Myrtle Beach)
- Eviction in Spartanburg County (Spartanburg)
- Eviction in York County (Rock Hill)
- Eviction in Lexington County (Lexington)
For landlords
How to evict a tenant in South Carolina — steps, cost, timeline and forms.
Common South Carolina questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How South Carolina compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| South Carolina | No statutory cap on the amount of a security deposit. S.C. Code § 27-40-410 | 30 days after termination of the tenancy and delivery of possession and demand by the tenant. S.C. Code § 27-40-410(a) | If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. S.C. Code § 27-40-710(B); § 27-37-10(B) |
| Georgia | 2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392) | Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. O.C.G.A. § 44-7-34(a) | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) |
| North Carolina | 2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) N.C. Gen. Stat. § 42-51(b) | 30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. N.C. Gen. Stat. § 42-52 | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2) |
South Carolina landlord-tenant FAQ
How much can a landlord charge for a security deposit in South Carolina?
No statutory cap on the amount of a security deposit. (S.C. Code § 27-40-410)
How long does a landlord have to return a security deposit in South Carolina?
30 days after termination of the tenancy and delivery of possession and demand by the tenant. (S.C. Code § 27-40-410(a))
Does a landlord have to pay interest on a security deposit in South Carolina?
Not required by statute. (S.C. Code § 27-40-410)
Does a landlord in South Carolina have to give an itemized list of deposit deductions?
Written notice itemizing the amounts withheld (accrued rent and damages from tenant noncompliance), delivered with any balance due within the 30 days. (S.C. Code § 27-40-410(a))
What happens if a landlord in South Carolina wrongfully keeps a security deposit?
Three times the amount wrongfully withheld, plus reasonable attorney's fees. (S.C. Code § 27-40-410(b))
How much notice does a landlord have to give before evicting for unpaid rent in South Carolina?
If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. (S.C. Code § 27-40-710(B); § 27-37-10(B))
How much notice is required to evict for a lease violation in South Carolina?
Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. (S.C. Code § 27-40-710(A))
How much notice is needed to end a month-to-month lease in South Carolina?
Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 7 days. (S.C. Code § 27-40-770)
Can a landlord enter without notice in South Carolina?
At least 24 hours' notice and entry at reasonable times. Exceptions: emergencies (any time); regularly scheduled periodic services (9 a.m.-6 p.m.) if conspicuously stated in the written lease and announced at entry; tenant-requested services (8 a.m.-8 p.m.) with announcement. (S.C. Code § 27-40-530)
Is there a limit on late fees in South Carolina?
No statutory cap or grace period. (None in Title 27, Ch. 40)
Can a tenant repair and deduct from rent in South Carolina?
No. The Act expressly does not authorize tenants to make repairs and deduct the cost from rent. Limited exception: for a landlord's negligent/willful failure to supply essential services, after written notice and a reasonable time, the tenant may procure reasonable amounts of the service and deduct the actual reasonable cost. (S.C. Code § 27-40-630)
Can a tenant withhold rent for repairs in South Carolina?
No self-help withholding right. Landlord noncompliance may be raised as a defense/counterclaim in a possession or rent action, but the tenant must pay rent accruing after the Rule to Vacate into court and the rent allegedly owed before it, or face a warrant of ejectment. (S.C. Code §§ 27-40-640, 27-40-790)
Can a landlord retaliate against a tenant for complaining in South Carolina?
Landlord may not increase rent above fair-market value, decrease essential services, or bring a possession action because the tenant complained to a code-enforcement agency about a material health/safety violation or complained to the landlord about a violation of the Act. Retaliation is a defense to eviction, but the tenant must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause that the tenant intends to raise it. A retaliating landlord is liable for up to 3 months' rent or treble actual damages, whichever is greater, plus attorney's fees. (S.C. Code § 27-40-910)
Is there rent control or a limit on rent increases in South Carolina?
No statewide rent cap. Counties and municipalities are prohibited from enacting, maintaining or enforcing rent control on privately owned residential property. (S.C. Code § 27-39-60)
Can a landlord change the locks or shut off utilities in South Carolina?
If the landlord unlawfully removes or excludes the tenant or willfully diminishes/interrupts essential services, the tenant may recover possession or terminate, and recover the greater of 3 months' periodic rent or twice actual damages, plus reasonable attorney's fees. (S.C. Code § 27-40-660)
What is the small claims court limit in South Carolina for a deposit dispute?
$7,500 (magistrate court civil jurisdiction) (S.C. Code § 22-3-10)
How do you remove a squatter in South Carolina?
Since June 30, 2026, a property owner (or representative) may file a verified petition with the clerk of court or chief magistrate to remove 'unlawful occupants' (people with no permission, no legal right to occupy and no tenant protections). The petition must allege, among other things, that the property was not open to the public, the occupants are not tenants/former tenants or immediate family, the owner told them to leave, and there is no pending litigation. For good cause the court must immediately issue an ex parte removal order, with a hearing within 24 hours; the sheriff or constable enforces it and may arrest for trespass. The officer may stand by while the owner changes locks and moves the occupants' belongings to the property line. Violating the ex parte order is a felony (up to 3 years / $3,000). A person wrongfully removed may sue for restored possession, actual damages and $1,000 statutory damages. (S.C. Code 27-37-200 to 27-37-350 (2026 Act No. 252, H.3387))
What can a landlord do with a tenant's abandoned property in South Carolina?
If the unit is abandoned or the lease has ended and the tenant removed a substantial portion of belongings or permanently shut off utilities, and the property left behind is worth $500 or less, the landlord may enter (by force if needed) and dispose of it; otherwise the landlord may remove property only through the ejectment process (27-37-10 to -150). Belongings put on a public street after an eviction are removed by municipal/county officials after 48 hours (excluding weekends and holidays), or by the landlord as trash where no public collection exists; the eviction notice must tell the tenant this. No statutory storage period or sale procedure. Abandonment is presumed after 15 days' unexplained absence following rent default (immediately if the tenant shut off utilities). (S.C. Code 27-40-730; 27-40-710(D))
Is there a limit on rental application fees in South Carolina?
No statute - no cap or refund rule for application/screening fees in the Residential Landlord and Tenant Act. (S.C. Code Title 27, Ch. 40)
What rental fees are banned or limited in South Carolina?
No statute specifically limiting move-in, convenience or other rental fees; general unconscionability doctrine (27-40-230) and prohibited lease provisions (27-40-330) apply. (S.C. Code 27-40-230; 27-40-330)
Can a domestic violence survivor break a lease in South Carolina?
Since May 18, 2026, a 'protected tenant' (victim of domestic abuse/violence where victim and perpetrator are both leaseholders on the same property, documented by a restraining order, order of protection, or conviction) may end future lease obligations by written notice within 60 days of the incident, with the documentation attached. Termination is effective on the date in the notice, at least 30 days after the landlord receives it (earlier if landlord agrees in writing). No early-termination penalties or fees, but the tenant owes rent through the effective date and any damage; the deposit need not be returned until the end of the lease. Co-tenants remain liable; if the perpetrator is the sole remaining tenant, the landlord may terminate on 5 days' written notice. Retaliation is barred. (S.C. Code 27-40-350; 27-40-210(19)-(20) (2026 Act No. 184, H.3569))
When can a tenant break a lease without penalty in South Carolina?
No state-law early termination right for military (beyond federal SCRA), medical/disability, seniors moving to care, or tenant death found in the Residential Landlord and Tenant Act. (S.C. Code Title 27, Ch. 40)
Can an eviction record be sealed or removed in South Carolina?
Starting January 1, 2027: eviction filings and records with a defendant's personal information (including cases ending in an order of eviction or writ of ejectment, settled cases, and cases resolved by later payment) must be removed from the public index and publicly accessible files 7 years after final disposition or filing if no additional filing is recorded. Removal is automatic (by the responsible agency); no motion process. (S.C. Code 30-2-60 (2026 Act No. 214, H.4270))
Can a landlord refuse Section 8 vouchers in South Carolina?
No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. (S.C. Code 31-21-40)
Do tenants have a right to a free lawyer in eviction cases in South Carolina?
No statewide right to counsel in eviction cases. (S.C. Code Title 27, Ch. 37 and Ch. 40)
What does a South Carolina notice to pay rent or quit have to include?
If rent is not paid within 5 days of the due date, the landlord may terminate after giving written notice of nonpayment and intent to terminate if rent is not paid within that period. One notice satisfies the requirement for the whole lease term, and no separate notice is needed if the written lease contains, in conspicuous language, the statutory clause 'IF YOU DO NOT PAY YOUR RENT ON TIME - This is your notice. 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.' (or substantially equivalent); the clause carries over to a later month-to-month tenancy. Notice to a tenant is received when delivered in hand or mailed by registered or certified mail to the tenant's designated address or last known residence. (S.C. Code 27-40-710(B); 27-37-10(B); 27-40-240(B))
What does a South Carolina notice to end a month-to-month tenancy have to include?
Written notice given at least 30 days before the termination date stated in the notice (month-to-month) or 7 days (week-to-week), by either party. No required wording or reason. Delivery to a tenant: in hand, or registered/certified mail to the address the tenant designated or last known residence (proof of mailing suffices). (S.C. Code 27-40-770(a)-(b); 27-40-240(B))
What must a South Carolina security deposit itemization include?
Deductions limited to accrued rent and damages from the tenant's noncompliance with 27-40-510; each deduction must be itemized in a written notice to the tenant, sent together with any amount due, within 30 days after termination and delivery of possession and the tenant's demand, whichever is later. The tenant must give a forwarding address in writing; if not, the landlord is protected by mailing to the last known address. Failure: tenant recovers 3x the amount wrongfully withheld plus attorney's fees. (S.C. Code 27-40-410(a)-(b))
How long does a landlord have to sue for unpaid rent in South Carolina?
3 years for an action on a contract, obligation, or liability, express or implied — the same 3-year period applies to written and oral leases. (S.C. Code § 15-3-530(1))
Can a landlord accept rent during an eviction in South Carolina?
No, once an ejectment case is filed. After the court issues the rule to vacate or show cause, the landlord's acceptance of any rent (past-due or newly accruing) does not waive the right to eject or renew the tenancy, and rent keeps accruing while the tenant stays. The Residential Landlord and Tenant Act has no general waiver-by-acceptance section for rent accepted before filing. If a landlord does not sign a lease the tenant signed, accepting rent without reservation makes it binding. (S.C. Code §§ 27-37-150, 27-40-320)
Can you be evicted in the winter in South Carolina?
No statute — South Carolina's Residential Landlord and Tenant Act (ch. 27-40) and ejectment law (ch. 27-37) set no winter or cold-weather limit on evictions. (S.C. Code chs. 27-37, 27-40 checked)
Can a landlord give notice by text or email in South Carolina?
Under the Act, a tenant receives a notice when it comes to the tenant's attention, is handed to the tenant, or is mailed by registered or certified mail to the tenant's designated address (otherwise, the last known residence). Proof of mailing is enough without proof of receipt. The 5-day nonpayment notice can instead be satisfied by conspicuous lease language ('IF YOU DO NOT PAY YOUR RENT ON TIME…'). The court's rule to vacate is served like a summons. After two failed attempts, it may be posted plus mailed through the magistrate's clerk; if the property has been abandoned for 15 days, it may be posted alone. No statute addresses email or text notices. (S.C. Code §§ 27-40-240(B), 27-40-710(B), 27-37-30)
How much notice is required for a rent increase in South Carolina?
No statute — South Carolina sets no notice period or cap for rent increases. A month-to-month tenancy can be ended (and new terms offered) with 30 days' written notice, a week-to-week tenancy with 7 days' notice. (S.C. Code § 27-40-770(a)-(b); ch. 27-40 checked)
Does a landlord have to give a copy of the lease in South Carolina?
No statute requires giving the tenant a copy of the lease. At or before move-in, the landlord must disclose in writing the name and address of an owner, or of the owner's agent for service of process and notices, and keep it current. A manager who fails to do so becomes the landlord's agent for notices and for the landlord's obligations. If security deposits differ between tenants, the standards must be posted or given in writing before signing. (S.C. Code §§ 27-40-420, 27-40-410)
What are tenants' rights in a foreclosure in South Carolina?
No statute — South Carolina's landlord-tenant and ejectment chapters add no tenant protections in foreclosure beyond the federal PTFA. If a landlord sells the property in good faith to a buyer who takes over the lease, the selling landlord is relieved of later liability. (S.C. Code § 27-40-450; chs. 27-37, 27-40 checked)
Does a landlord have to fix mold in South Carolina?
No statute — general habitability/repair duty applies. South Carolina has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must comply with building and housing codes materially affecting health and safety and 'make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.' (S.C. Code § 27-40-440(a)(1)-(2))
Who pays for pest control and bed bugs in South Carolina?
No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit and habitable applies; the tenant must keep the unit and the part of the premises the tenant uses reasonably safe and clean and dispose of garbage in a reasonably clean and safe manner. If the written lease conspicuously says so, the landlord may enter without consent between 9 a.m. and 6 p.m., after announcing intent, for regularly scheduled termite, insect or pest treatment. (S.C. Code §§ 27-40-440(a)(2), 27-40-510(2)-(3), 27-40-530(b)(2))
Does a landlord have to provide heat in South Carolina?
Yes. The landlord must make available reasonable heat (and running and reasonable hot water) except where the building is not required by law to be equipped for heat or the heat is generated by an installation in the tenant's exclusive control on a direct utility connection, and must keep landlord-supplied heating facilities in reasonably good and safe working order. Heat is an 'essential service.' No statewide minimum temperature or heating season. (S.C. Code §§ 27-40-440(a)(4)-(5), 27-40-210(17))
Does a landlord have to provide air conditioning in South Carolina?
No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be kept in reasonably good and safe working order; appliances in the unit are presumed landlord-supplied unless the rental agreement specifically excludes them. (S.C. Code § 27-40-440(a)(5))
What can a landlord deduct from a deposit for cleaning or damage in South Carolina?
Not defined by statute. The landlord may withhold from the deposit only accrued rent and damages suffered because of the tenant's failure to meet statutory tenant duties (keeping the unit reasonably safe and clean, not deliberately or negligently damaging the premises, complying with the lease, etc.), itemized in a written notice with any balance within 30 days after termination and delivery of possession and the tenant's demand, whichever is later. (S.C. Code §§ 27-40-410(a)-(b), 27-40-510)
Can a landlord put cameras in or around a rental in South Carolina?
No landlord-specific statute. Being an eavesdropper or 'peeping tom' on another's premises — including using video or audio equipment to spy on or invade the privacy of others — is a misdemeanor (up to $500 and/or 3 years). Knowingly viewing, photographing or recording another person without knowledge and consent, for sexual purposes, where there is a reasonable expectation of privacy is voyeurism (felony for repeat offenses). Intercepting wire, oral or electronic communications is lawful only if the person is a party or one party consents (one-party consent). (S.C. Code §§ 16-17-470, 17-30-30(C))
Can a landlord limit guests or roommates in South Carolina?
No statute on guests vs. tenants or roommate rights — the lease governs. Owners and managers may adopt reasonable occupancy standards based on the number and size of bedrooms and overall unit size, as long as they do not violate local, state or federal limits. Tenants must not let persons on the premises with their permission damage the premises or disturb other tenants. (S.C. Code §§ 31-21-70(L), 27-40-510(6)-(7))
Can a landlord deny a service or emotional support animal in South Carolina?
To decide whether an animal that is not a service animal (e.g., an emotional support animal) is a reasonable accommodation, a landlord may ask whether the person has a disability that substantially limits one or more major life activities and whether the person has a disability-related need for the animal, and may request documentation; documentation is sufficient if it shows a disability and that the animal provides disability-related assistance or emotional support. Persons with disabilities who have an assistance dog are entitled to full and equal access to rental housing and may not be charged extra for the dog, but are liable for damage it causes. Intentionally misrepresenting an animal as a service animal to obtain a right or privilege of a disabled person is a civil violation (fines up to $250 / $500 / $1,000). (S.C. Code §§ 31-21-70(G)(2), (N); 43-33-70(d); 47-3-980)
Official resources for South Carolina
- SC Code Title 27 Ch. 40 - Residential Landlord and Tenant Act
- SC Code Title 27 Ch. 37 - Ejectment Proceedings
- SC Housing - Renters (directs landlord/tenant issues to local magistrate)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.