South Carolina Landlord-Tenant Law

South Carolina is generally considered a landlord-friendly state due to its simple eviction procedures, lack of rent control laws, and minimal regulations around late fees and grace periods. These factors make it an appealing option for real estate investors and rental property owners, particularly in cities like Charleston, Columbia, and Greenville.

That said, landlords in South Carolina are still responsible for following state and federal laws that regulate the rental relationship. These laws cover topics like lease agreements, security deposits, maintenance obligations, notice requirements, and eviction procedures. Understanding these landlord-tenant laws is critical for avoiding legal battles and managing properties effectively.

The laws governing rentals in South Carolina are outlined in the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40 of the South Carolina Code of Laws). While this article focuses on state-level regulations, landlords should also be aware that local ordinances may impose additional requirements. Because laws can change, it’s important to stay up-to-date and consult a qualified attorney when necessary.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

South Carolina Quick Facts

Rights and Responsibilities of South Carolina Landlords and Tenants

South Carolina landlords and tenants both have rights and responsibilities established by the South Carolina Residential Landlord and Tenant Act. For example, landlords must ensure that rental units are safe and habitable, while tenants are expected to pay rent on time and follow the terms of their lease. In return, landlords have the right to receive timely rent payments and maintain control over their property, and tenants have the right to privacy and essential repairs. While lease agreements are the primary source for outlining these terms, all leases must comply with South Carolina state law to be enforceable.

Below is a brief overview of landlord and tenant responsibilities and rights in South Carolina:

South Carolina landlords have the right to:

• Collect rent as stated in the lease agreement.
• Require a security deposit to cover potential damages or unpaid rent. South Carolina does not set a maximum amount for security deposits, but landlords must return them within 30 days of the lease ending.
• Make deductions from the security deposit for damages beyond normal wear and tear, unpaid rent, or breach of lease.
• Screen potential tenants using lawful methods, including background and credit checks.
• Enter the rental unit for inspections, maintenance, or showings with at least 24 hours' notice, unless it’s an emergency.
• Begin eviction proceedings if a tenant fails to pay rent, breaks the lease, or violates South Carolina law.
• Establish lease terms that cover pets, subletting, maintenance, and other rental conditions, as long as these terms comply with South Carolina law.

South Carolina landlords are responsible for:

• Complying with health codes and safety requirements at both the local and state level.
• Ensuring rental units are safe, sanitary, and fit for human habitation.
• Handling urgent repairs, such as broken heat or plumbing, and addressing non-urgent repairs within a reasonable timeframe.
• Maintaining common areas and structural components of the property.
• Respecting tenants' right to privacy and only entering the unit for valid reasons.
• Returning the security deposit within 30 days of lease termination, along with an itemized list of any deductions.
• Following proper legal procedures when terminating a lease or initiating an eviction.

South Carolina tenants have the right to:

• Live in a safe rental property that is habitable and in good repair.
• Request and receive maintenance or repairs in a timely manner.
• Be free from unlawful discrimination, harassment, or retaliation for asserting their rights.
• Receive proper notice before the landlord enters the unit or raises rent.
• Have quiet enjoyment of their rental unit without excessive disruptions.
• Terminate the lease or withhold rent in some situations if the landlord fails to maintain the property, after proper notice and process.
• Seek legal action if the landlord violates their rights or the lease terms.

South Carolina tenants are responsible for:

• Paying rent in full and on time according to the lease.
• Cleaning the rental property and maintaining its safety, including properly disposing of trash and avoiding property damage.
• Using appliances responsibly and reporting maintenance issues to the landlord promptly.
• Complying with the lease and all of its reasonable terms and house rules.
• Not disturbing neighbors or engaging in illegal activity on the property.
• Providing appropriate notice prior to moving out if they do not intend to renew the lease.
• Avoiding unauthorized occupants, pets, or modifications to the unit without the landlord’s approval.

South Carolina Required Disclosures

Required disclosures are pieces of information that landlords in South Carolina must legally provide to tenants before a lease agreement is signed. These disclosures are designed to ensure transparency and protect the rights of both parties, particularly when it comes to safety hazards, landlord contact details, and legal responsibilities.

Below are some of the most important required disclosures for landlords in South Carolina:

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Landlord/Agent Identification (SC Stat. § 27-40-420). The landlord must disclose in each rental agreement the name and address of the owner or the person authorized to act on their behalf, as well as the person responsible for receiving notices.
• Unequal Security Deposits (SC Stat. § 27-40-410). According to South Carolina rental law, if the landlord rents four or more adjoining units with different security deposit requirements, they must disclose the method of calculating deposits. Prior to entering any rental agreement, the landlord must post this statement in a conspicuous place on the premises. 

Additional Reading: South Carolina Residential Lease Agreement

South Carolina Rent and Fee Laws

While South Carolina does not have statewide rent control, there are still important laws that govern rent payments, fees, and how tenants may respond to withheld essential services. For instance, landlords may charge up to $30 for a bounced check, and there are no legal limits on late fees or mandatory grace periods. However, tenants are permitted to take limited action if essential services are not provided. Below are the most important rent and fee laws that South Carolina landlords should know.

Rent Payments

• Due Date: Rent in California is due on the date specified in the lease agreement. If the lease does not specify, rent is typically due on the first of the month. 
• Rent Increases: There is no statewide rent control in South Carolina. 
• Grace Period: There is no mandatory grace period in South Carolina when rent is due. 

Fees

• Application Fees: Rental application fees are not regulated in South Carolina.  
• Late Fees: There are no statutory limits on late fees in South Carolina. 
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (SC Stat. § 34-11-70(a)). 

Tenant Remedies

• Withholding Rent/Repair and Deduct: If the landlord fails to provide essential services, the tenant may give notice to the landlord and either arrange for reasonable amounts of the service and deduct the cost from the rent, or recover damages based on the fair market value of the property. However, tenants may not make repairs on the rental property and deduct the cost from the rent (SC Stat. § 27-40-630). 

South Carolina Security Deposit Laws 

Nearly all 50 states have laws regulating how landlords handle security deposits, including how much they can charge, whether interest is owed to tenants, and how quickly deposits must be returned after move-out. South Carolina has only a few restrictions, but landlords are still required to return deposits within a specific timeframe and provide an itemized list of any deductions. Below are South Carolina’s key security deposit laws.

• Deposit Limit: There is no limit on security deposits in South Carolina. 
• Interest: Landlords are not required to pay tenants interest on security deposits. 
• Return Within: 30 days (SC Stat. § 27-40-410). 
• Deposit Location: Landlords are not required to keep security deposits in a separate bank account. 
• Withholding: Landlords may withhold funds from the security deposit for unpaid rent and damages beyond those considered standard wear and tear. Landlords must also include an itemized list of deductions along with the remainder of the security deposit.  

South Carolina Tenant Screening and Fair Housing Protections 

What actions are considered housing discrimination?

Tenants in South Carolina are protected under federal fair housing laws, which prohibit discrimination in most housing-related activities. Housing discrimination occurs when a landlord treats a tenant or applicant unfairly based on their membership in a protected class. Discriminatory actions may include:

• Accepting or rejecting applications based on personal characteristics
• Advertising rental properties in a discriminatory way
• Applying different screening criteria to different applicants
• Charging higher rent or fees based on protected status
• Providing lower-quality maintenance or services to certain tenants
• Evicting a tenant for discriminatory reasons
• etc.

What are the protected classes in South Carolina?

South Carolina follows the protections outlined in the federal Fair Housing Act (Title 24 USC § 3601-3607. Under this law, landlords may not discriminate based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

Unlike some states, South Carolina does not have additional statewide protections beyond federal law, but it does reaffirm these protections (SC Stat. § 31-21-40). Landlords must comply fully with all federal fair housing rules when screening tenants, advertising, and managing rental properties.

Use of Credit Reports

South Carolina landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial. 

Use of Criminal Histories

Criminal background checks may be used during tenant screening in South Carolina. South Carolina landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: South Carolina Background Checks & Screening Online

South Carolina Landlord Entry Laws

South Carolina requires at least 24 hours' notice prior to landlord entry into rental properties for non-emergency reasons like repairs, maintenance, or inspections. Offering advance notice also helps maintain a respectful and professional landlord-tenant relationship.

• Advanced Notice: 24 hours’ (SC Stat. § 27-40-530(c)). 
• Permitted Times: Landlords may only enter at reasonable times (SC Stat. § 27-40-530(c)). Entry without consent is also permitted between 9:00 a.m. and 6:00 p.m. to provide regularly scheduled maintenance services and between 8:00 a.m. and 8:00 p.m. to provide services requested by the tenant. However, a provision for entry in these circumstances must be included in the agreement, and the landlord must also announce their intent to do so (SC Stat. § 27-40-530(b)(1-2)). 
• Emergency Entry: In case of emergency, the landlord may enter without advanced notice or consent (SC Stat. § 27-40-530(b)(1)).  

South Carolina Eviction Notices 

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in South Carolina, consider hiring an experienced real estate attorney and be sure to review the South Carolina eviction process in more detail.

If you do pursue eviction in South Carolina, the first step is to send a formal, written eviction notice. South Carolina has three different types of eviction notices, each associated with a different circumstance:

• Rent Demand Notice: 5 days to pay or quit (SC Stat. § 27-40-710(B)). 
• Notice for Lease Violation: 14 days to cure or quit (SC Stat. § 27-40-710(A)). 
• Unconditional Notice to Quit: Immediate. According to South Carolina eviction laws, if the tenant participates in illegal activity on the premises, the landlord may issue an unconditional notice to quit and begin the eviction process immediately (SC Stat. § 27-40-710(B)). 

Additional Reading: South Carolina Eviction Process and Laws [2025]

South Carolina Squatter's Rights

Squatters are individuals who occupy a property without the legal permission of the owner. In South Carolina, removing squatters typically requires going through the formal eviction process, especially if the individual has been living on the property for a prolonged period and claims certain legal protections.

South Carolina does not allow landlords to use "self-help" eviction tactics, such as shutting off utilities or changing locks, to remove squatters. These actions are considered unlawful and can result in legal penalties for the landlord. Instead, property owners must initiate eviction proceedings through the court system to lawfully remove a squatter, particularly if the person refuses to leave after being asked.

In very rare cases, squatters may try to gain legal ownership of a property through adverse possession. To do so in South Carolina, the squatter must meet strict criteria: they must occupy the property openly, continuously, exclusively, and without the owner’s permission for at least 10 years. Even then, they must initiate a legal claim to formally request ownership.

Because squatter cases can quickly become complex and time-consuming, it’s best to consult a real estate attorney if you encounter one. An attorney can help clarify whether the individual is a trespasser, a tenant, or a squatter and advise you on the appropriate next steps under South Carolina law.

Additional Reading: South Carolina Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts about South Carolina 

• The current average rent rate in South Carolina is $1,875 per month, according to Zillow
• The average rent rate in Charleston is $2,931 per month, according to Zillow.
• Rental units are considered abandoned when the tenant remains absent from the rental unit for more than 15 days without explanation. If the tenant does abandon the unit, the landlord has the right to dispose of personal property with a fair market value of less than $500 (SC Stat. § 27-40-730). 

Conclusion

South Carolina’s rental laws offer clear guidelines for both landlords and tenants, helping to ensure fair treatment and mutual responsibility on both sides. Understanding these laws prevents legal disputes, protects your property, and creates healthy landlord-tenant relationships. Landlords who stay informed about local regulations, honor their legal obligations, and seek legal guidance when needed are more likely to keep reliable tenants and maintain a successful rental business.

FAQs

Is South Carolina a landlord-friendly state?

Yes, South Carolina is generally considered landlord-friendly. The state does not have statewide rent control laws or strict limits on application fees, late fees, or security deposits. Additionally, the eviction process is relatively straightforward for landlords. However, landlords must still comply with the South Carolina Residential Landlord and Tenant Act and federal fair housing laws.

Can a landlord refuse to rent to someone with a housing voucher in South Carolina?

Currently, yes. South Carolina does not currently currently prohibit discrimination based on source of income. This means landlords may legally refuse to rent to tenants who use housing vouchers, such as those provided through the Section 8 program.

What is the maximum security deposit a landlord can charge in South Carolina?

South Carolina does not impose a limit on the amount a landlord can charge for a security deposit. However, whatever amount is charged must be clearly stated in the lease, and deductions must be itemized and returned to the tenant within 30 days after move-out.

Is there a required notice period before a landlord can enter a tenant’s rental unit in South Carolina?

Yes, landlords must give at least 24 hours' notice before entering a rental unit for non-emergency reasons, such as inspections or repairs. Entry should also be at reasonable times.

Can tenants withhold rent for repairs in South Carolina?

No, South Carolina tenants may not "repair and deduct" from rent on their own. However, they can recover damages or arrange for essential services (like electricity or plumbing) and deduct the cost only under specific legal conditions. Tenants must notify the landlord of the issue and give reasonable time to correct it before taking any further action.

How much notice must be given before evicting a tenant for nonpayment of rent in South Carolina?

If a tenant fails to pay rent, the landlord must issue a 5-day written notice to pay or vacate before initiating eviction proceedings. If the tenant does not pay within that time, the landlord may file for eviction.

What are the protected classes under South Carolina fair housing laws?

Like federal law, South Carolina prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. The state does not offer additional protections beyond those outlined in the federal Fair Housing Act.

Free Downloads

1. South Carolina Notice to Vacate for Nonpayment
2. South Carolina Complaint for Ejectment
3. South Carolina Rent Receipt Template
4. South Carolina Residential Lease Agreement Template
5. South Carolina Quitclaim Deed

Resources

1. South Carolina Residential Landlord and Tenant Act
2. South Carolina Code of Laws: Title 27 – Property and Conveyances
3. South Carolina Eviction Process & Laws [2025]
4. South Carolina Housing Market Trends & Forecast
5. Real Estate Terms & Definitions