Challenging an Illegal Rent Increase in South Carolina

If you rent your home in South Carolina and your landlord has raised the rent, you might wonder if the increase is permitted. This guide explains what makes a rent increase illegal in South Carolina, how to challenge it, and what rights and steps you have under state law. All legal resources are official and up to date.

Understanding Rent Increases in South Carolina

South Carolina does not have rent control or statewide rent stabilization. Landlords are generally free to raise rent at the end of a lease term as long as they give proper notice. However, certain increases can be considered illegal—particularly if they violate your written lease, are retaliatory, or are discriminatory.

• No rent control: There is no state law capping rent increases.
• Proper notice required: For month-to-month leases, landlords must provide at least 30 days’ written notice before increasing rent (South Carolina Residential Landlord and Tenant Act, Section 27-40-520).
• Cannot increase during fixed-term lease: Rent generally cannot be raised during the term of a fixed lease unless the lease says otherwise.
• Discrimination and retaliation prohibited: Increases made to discriminate or retaliate (for example, after you complain about repairs) may be illegal.

When Is a Rent Increase Illegal in South Carolina?

Some situations where a rent increase could be challenged as illegal include:

• If the increase violates your current written lease agreement
• If the landlord is increasing rent in retaliation for you exercising your legal rights (such as reporting a code violation)
• If the increase is based on discrimination (race, color, religion, national origin, sex, familial status, or disability are protected under federal Fair Housing Act)
• If the required written notice (generally 30 days for month-to-month) is not provided

If you suspect any of the above applies to your case, you may have grounds to challenge the rent increase.

How to Challenge an Illegal Rent Increase

As a renter in South Carolina, you have several action steps if you believe a rent increase is unlawful. Consider the following sequence to protect your rights:

1. Review Your Lease and South Carolina Law

• Read your lease to confirm what it says about rent increases.
• Check that the amount and notice period match South Carolina law.

2. Communicate With Your Landlord

• Contact your landlord in writing to ask for clarification if you believe the increase is improper.
• Keep copies of all communications for your records.
• If the landlord cannot justify the increase based on law or lease terms, explain your position using specific references to your lease or the South Carolina Residential Landlord and Tenant Act.

3. File a Complaint (If Needed)

• If you believe the rent increase is discriminatory, you can file a complaint with the South Carolina Human Affairs Commission (SCHAC).
• For retaliation or other unlawful conduct, you may need to take action through your local magistrate court.

Form to Use:

• Housing Discrimination Complaint Form (SCHAC) – Use if you believe the increase is discriminatory. The form and instructions are available on SCHAC's official site: Housing Discrimination Complaint Form PDF.
  • Example: "Your rent is being increased after you complained about racial discrimination or requested a disability accommodation. Submit this form to SCHAC to begin their investigation."

4. Consider Magistrate Court

• The South Carolina Magistrate Court handles landlord-tenant disputes, including illegal rent increases.
• If negotiations fail, you may file an action or respond to an eviction there.

The official body for handling most residential tenancy disputes in South Carolina is the Magistrate Court System.

What If You Receive an Eviction Notice After Challenging a Rent Increase?

• If your landlord attempts to evict you in retaliation (for example, after you request repairs or challenge a rent increase), this may violate the South Carolina Residential Landlord and Tenant Act (Section 27-40-910).

You may respond with documentation and, if needed, present your case to the Magistrate Court.

Frequently Asked Questions

1. Is there any rent control in South Carolina?
   No. South Carolina law does not set limits on the amount landlords can increase rent as long as proper notice is given and other laws (like discrimination protections) are followed.
2. How much notice does my landlord need to give for a rent increase?
   For month-to-month leases, landlords must provide at least 30 days’ written notice before increasing your rent. Different notice rules may apply if your lease is fixed-term.
3. What should I do if my landlord retaliates after I challenge an illegal rent increase?
   Retaliatory actions (such as threats or eviction notices right after you assert your rights) are prohibited under state law. Respond in writing, keep records, and consider seeking legal help.
4. How do I file a discrimination complaint about a rent increase?
   Download the SCHAC Housing Discrimination Complaint Form and submit it to the South Carolina Human Affairs Commission following their instructions.
5. Where do I go if I need to resolve a rent dispute in person?
   Most rent disputes, including illegal rent increase claims, are handled by your county’s Magistrate Court.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission – Housing Discrimination (file complaints, get information on fair housing)
• South Carolina Magistrate Court Locator (find your local court to file or respond to actions)
• SC Legal Services – Tenant Resources (free or low-cost legal help for renters, including form assistance)
• Full Text: South Carolina Residential Landlord and Tenant Act (official law covering renter and landlord rights)

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1. South Carolina Residential Landlord and Tenant Act (§ 27-40)
2. South Carolina Human Affairs Commission – Housing Discrimination
3. Magistrate Court – South Carolina Judicial Department
4. U.S. Department of Justice – Fair Housing Act

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