Filing a Complaint Against a Landlord in South Carolina

If you're a renter in South Carolina facing issues such as ignored repair requests, unsafe living conditions, or perceived illegal actions by your landlord, knowing how to assert your rights is essential. South Carolina law outlines specific steps and protections for tenants who need to address problems with their landlord. This guide will break down the process for filing a complaint against your landlord, what forms you may need, and where to get help, all using straightforward language and official resources.

Your Rights and Protections as a South Carolina Renter

South Carolina renters are protected primarily by the South Carolina Residential Landlord and Tenant Act. This legislation covers your rights regarding repairs, notice requirements, evictions, and fair treatment.

• Landlords must maintain safe and habitable properties
• Tenants have a right to written notice of any lease violation
• Discrimination in housing is prohibited under federal and state law

If a landlord fails to meet these obligations or retaliates against you for exercising your rights, you may file a formal complaint or take legal action.

When to File a Complaint

You might need to file a complaint if your landlord:

• Refuses to make necessary repairs after reasonable notice
• Enters your unit without permission (except for emergencies)
• Attempts illegal eviction or changes your locks without court approval
• Engages in discrimination based on race, color, religion, sex, nationality, disability, or family status

Attempt to resolve issues with your landlord in writing first. If this does not work, seeking help through official channels is the next step.

How to File a Complaint in South Carolina

There is no single state-wide agency that handles all landlord-tenant disputes in South Carolina, but several official channels and resources are available, depending on the type of complaint.

1. For Unresolved Repairs or Unsafe Conditions

• Contact Your Local Code Enforcement Office: Most cities and counties investigate complaints about unsafe or unhealthy living conditions. Find your local county's website to locate the code enforcement division.
• Form: Tenant Complaint Form (varies by county): For example, in Charleston County, you may need the Charleston County Tenant Complaint Form. Use it if you have notified your landlord in writing and repairs haven't been made.
• Example: If your heat or water is out and your landlord ignores your complaint, document your written request, then file a complaint with your city or county using their official form.

2. For Discrimination Complaints

• File with SC Human Affairs Commission: Submit a housing discrimination complaint with the South Carolina Human Affairs Commission (SCHAC).
• Form: Housing Discrimination Complaint Intake Form (PDF)
• Example: If you are denied an apartment or harassed based on your race, disability, or family status, fill out this form and submit it online, by mail, or in person to SCHAC.

3. For General Landlord-Tenant Disputes

• For issues not resolved by code enforcement or discrimination channels (including deposit disputes or illegal eviction), you may need to file a claim in your local magistrate court.
• South Carolina Magistrate Court is the official tribunal for most landlord-tenant matters.
• Form: Writ of Ejectment (SCCA/734), Summons and Complaint (SCCA/720)
  • These are primarily used in eviction cases, but tenants can respond or file counterclaims. See the South Carolina Court Forms search for current versions.
• Example: If your landlord tries to evict you without cause or proper notice, use the "Answer and Counterclaim to Residential Eviction" form (SCCA/734B) through the Magistrate Court to dispute the eviction and raise your complaint.

Step-by-Step Guide: Filing a Complaint

Below is a typical step process. Exact forms or details may vary by type of complaint and your city or county.

• Write to your landlord first, clearly stating the issue and what you are requesting. Keep copies of all communication.
• If there's no response, gather relevant documents (lease, photos, previous requests).
• Identify and contact the correct agency:
  • For unsafe housing: contact your local code enforcement and fill out their complaint form
  • For discrimination: use the SCHAC complaint intake form
  • For legal disputes (e.g. security deposit, eviction): contact your local magistrate court
• Submit your complaint as directed (online, in-person, by mail).
• Follow up with the agency for case updates, and keep records of all interactions and responses.

Relevant Forms and How to Use Them

• Tenant Complaint Form (varies by city/county): Use this form to report property maintenance or safety issues to code enforcement. Example: Charleston County Tenant Complaint Form.
• Housing Discrimination Complaint Intake Form (Download from SCHAC): File with SCHAC if you believe you were discriminated against.
• Answer and Counterclaim to Residential Eviction (SCCA/734B): Respond to an eviction and list your complaints. Find this and other landlord-tenant forms at the South Carolina Judicial Department.

FAQ: Filing Complaints as a South Carolina Renter

1. Do I have to notify my landlord before filing a complaint?
   Yes, you must generally give your landlord written notice and a reasonable chance to fix the problem before involving authorities.
2. Who investigates unsafe housing complaints in South Carolina?
   Your city or county code enforcement office usually handles these complaints, not a state agency.
3. How do I file a complaint about discrimination?
   File a complaint online or by mail with the South Carolina Human Affairs Commission using their intake form.
4. Can I stop paying rent if the landlord doesn't fix things?
   You should not withhold rent without legal advice, as it could lead to eviction. Instead, follow the complaint process first.
5. What tribunal handles landlord-tenant disputes in South Carolina?
   The South Carolina Magistrate Court handles most landlord-tenant legal cases, including eviction and disputes.

Conclusion: Key Takeaways for SC Renters

• Know your rights under the South Carolina Residential Landlord and Tenant Act
• Always attempt to resolve issues with your landlord in writing first
• Use the correct complaint form and agency for your issue—code enforcement, SCHAC, or magistrate court

Documenting everything and using official channels increases your chances of a fair outcome.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission (SCHAC) – for discrimination complaints and fair housing issues
• South Carolina Magistrate Court – for eviction, deposit disputes, and other legal actions
• South Carolina Legal Services – free legal aid for eligible renters
• Directory of South Carolina County Websites – find your local code enforcement office
• Charleston County Tenant Complaint Form – example of an official city/county form

---

1. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
2. South Carolina Human Affairs Commission (SCHAC)
3. South Carolina Magistrate Court
4. SC County Code Enforcement Directory
5. South Carolina Legal Services

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations