What a Landlord Cannot Do in South Carolina
The main limits South Carolina law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a South Carolina landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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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| 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 |
| Landlord retaliation | 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 |
| 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 |
| Penalty for withholding | Three times the amount wrongfully withheld, plus reasonable attorney's fees. Source: S.C. Code § 27-40-410(b) |
| 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 |
| 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 |
| Statewide ban on refusing 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 |
| 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). |
| 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 |
Can I sue my landlord in South Carolina? · All South Carolina tenant rights
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.