Challenging Illegal Rental Fees in South Carolina

Receiving unexpected or unexplained charges on your rent bill can be stressful. In South Carolina, state law protects renters from being charged fees that aren't authorized by your lease or by the South Carolina Residential Landlord and Tenant Act. This article explains how to recognize, dispute, and resolve illegal fees using the latest state rules and official resources, supporting you every step of the way.

Understanding Legal vs. Illegal Rental Fees

South Carolina landlords are allowed to collect fees that are clearly described in your lease agreement and do not violate the South Carolina Residential Landlord and Tenant Act. Fees not included in your lease, or ones that are excessive or charged after the fact without proper notice, may be considered illegal.

• Legal fees may include application fees, late rent fees (if stated in the lease), and reasonable security deposits.
• Illegal fees can include surprise “processing” fees, extra charges with no explanation, or penalties not in your agreement.

Always review your lease closely and compare any charges to the items explicitly listed.

Your Rights Under South Carolina Law

The main law covering tenant rights and landlord responsibilities is the South Carolina Residential Landlord and Tenant Act.^[1] Landlords must act in good faith and provide a clear breakdown of every fee charged. Improper or hidden fees may be contested by tenants.

• Landlords are prohibited from charging excessive or non-disclosed fees.
• Renters have the right to request an explanation and challenge any fees they believe are illegal.

How to Dispute an Illegal Fee

Follow these steps to address an illegal or suspicious fee on your rent bill:

• Carefully review your lease and note all permitted fees.
• Request a written explanation of the fee from your landlord, citing your lease terms.
• Send formal written notice disputing the fee. Keep a copy for your records.

• If the landlord does not respond or resolves the issue, document all communication.
• If the illegal fee is not removed, renters can file a complaint or consider taking the matter to a local court.

Relevant Official Form: Magistrate Court Complaint (SCCA/511)

If informal attempts do not resolve the issue, renters may file a civil complaint with the South Carolina Magistrate Court, which handles landlord-tenant disputes. The form used is:

• Form Name: Claim and Delivery or Complaint (SCCA/511)
• When/How Used: Used by tenants to file a formal claim when seeking to recover money wrongfully charged or paid for illegal fees. Complete the form and submit it to your county's Magistrate Court.
• Official Source: SCCA/511 - Claim and Delivery or Complaint Form

Practical Example: If your landlord adds a “processing fee” you never agreed to, and they refuse to remove it, fill out SCCA/511 and submit to your local Magistrate Court with your documentation.

Who Handles Disputes? Official Tribunal

Landlord-tenant civil disputes in South Carolina are usually handled by your County Magistrate Court. This is where you submit complaints and claims for rental issues including illegal fees.

FAQ: Challenging Rental Fees in South Carolina

1. What kinds of rental fees are not allowed in South Carolina?
   Fees not listed in your lease, excessive charges, or surprise fees issued without notice are generally not permitted under South Carolina law.^[1]
2. How do I send a written dispute to my landlord?
   Write a letter or email clearly stating why you believe the fee is illegal, attach supporting documentation, and ask for a prompt resolution. Keep copies for your records.
3. Can my landlord evict me for refusing to pay disputed fees?
   Landlords may not retaliate against you for exercising your rights under South Carolina's tenant laws. However, rent and legal, agreed-upon fees must still be paid.^[1]
4. Where do I file a complaint about an illegal fee?
   File a formal complaint with your County Magistrate Court using the SCCA/511 form if informal resolution fails. Reach out to your county court for assistance.
5. Do I need a lawyer to dispute illegal fees?
   No, you do not need a lawyer to submit a complaint in Magistrate Court, but legal advice can help you understand your options.

Conclusion: Key Takeaways for Renters

• Double-check your lease and South Carolina law before disputing any fee.
• Communicate your concerns in writing and keep records.
• If the issue is unresolved, use the official SCCA/511 form and seek help from the Magistrate Court.

With the right steps and resources, you can protect your rights against unauthorized rental fees.

Need Help? Resources for Renters

• County Magistrate Court Directory – File complaints and get information about local procedures.
• South Carolina Residential Landlord and Tenant Act – Full legal text for your reference.
• South Carolina Legal Services – Free or low-cost legal assistance for eligible renters.

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1. [1] South Carolina Residential Landlord and Tenant Act, Title 27 Chapter 40
2. [2] South Carolina Magistrate Court – Landlord-Tenant Disputes
3. [3] SCCA/511 - Magistrate Court Complaint Form

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