South Carolina Lease Renewal: Can Landlords Refuse?

Understanding your rights around lease renewals is important for South Carolina renters. If your lease is ending soon, you might be wondering whether your landlord can refuse to renew it and what your options are if that happens. This article explains legal protections, forms, and what you can do if you’re facing nonrenewal or need more information.

Understanding Lease Renewal in South Carolina

In South Carolina, the laws governing lease agreements and renewals are set out in the South Carolina Residential Landlord and Tenant Act.^[1] Leases typically end either on a specified date (fixed-term) or continue on a month-to-month basis. When a lease term ends, both landlords and tenants have rights and responsibilities related to renewal.

Can a Landlord Refuse to Renew?

In general, South Carolina law allows landlords to refuse to renew a lease without giving a reason, as long as the reason is not discriminatory or retaliatory. This means your landlord can decide not to continue the rental agreement when it expires, but they cannot refuse renewal based on:

• Your race, color, religion, sex, national origin, familial status, or disability (protected by the federal Fair Housing Act)
• Retaliation for exercising your legal rights, such as filing a complaint or requesting repairs

If you suspect the refusal is discriminatory or retaliatory, you can take steps to protect your rights.

Notice Requirements for Nonrenewal

For most leases, your landlord must give you proper written notice if they do not intend to renew your agreement:

• Fixed-term leases (with end dates): The lease usually ends automatically. Renewal is not automatic unless both parties agree.
• Month-to-month leases: Landlord or tenant must provide at least 30 days' written notice before the end of the rental period if they do not wish to renew^[2].

Not receiving proper notice? You may be protected from sudden nonrenewal and can remain in the unit on a month-to-month basis if you continue paying rent and the landlord accepts it.

What to Do If You Receive a Nonrenewal Notice

If your landlord gives you notice that they will not renew your lease, here are the steps you can take:

• Check whether the notice was given in writing and with at least 30 days' advance notice (for month-to-month).
• Ask your landlord, in writing, for the reason for nonrenewal if you suspect it was discriminatory or retaliatory.
• Gather and keep copies of all communication related to the notice.
• Contact the official tribunal for South Carolina (listed below) or fair housing agency if you believe your rights have been violated.

If you need to communicate formally with your landlord, use the official forms available from the court or housing authority.

Key Forms and Where to Find Them

• 30-Day Notice to Vacate (Form SCCA/750): This form is commonly used by landlords to give official notice to end a month-to-month tenancy. If you want to move out, you can also provide this notice to your landlord. Access the form and instructions from the South Carolina Judicial Department website.
  Example: If you receive or need to give notice, fill out this form, deliver it personally or via certified mail, and retain proof of delivery.

Where Are Rental Disputes Handled?

Residential rental disputes in South Carolina are usually handled by your local Summary Court or Magistrate Court. They address landlord-tenant complaints, including issues about wrongful nonrenewal or insufficient notice.

What to Do If You Suspect Discrimination or Retaliation

If you believe your landlord’s decision is based on discrimination (like race or disability) or in retaliation for your complaints, you have the right to:

• File a complaint with the U.S. Department of Housing and Urban Development (HUD) or the South Carolina Human Affairs Commission
• Consult with a legal aid office for advice or representation
• Present your case at the local magistrate court

Standing up for your renter rights can help ensure you’re not treated unfairly.

Frequently Asked Questions

1. Can my landlord refuse to renew my lease without giving a reason?
   Yes, unless the refusal is for a discriminatory or retaliatory reason. Proper written notice is still required in most cases.
2. If my lease expires, do I have to move out immediately?
   No. If your landlord hasn't given proper notice and you continue to pay rent which they accept, your tenancy may become month-to-month.
3. What should I do if I believe my landlord isn't renewing due to discrimination?
   File a complaint with HUD or the SC Human Affairs Commission and gather all relevant documentation.
4. Do I need to sign a new lease to keep living in my unit?
   No, not always. If your fixed-term lease ends and you continue paying rent (and the landlord accepts it), your lease may continue as a month-to-month agreement.
5. What is the required notice for nonrenewal in South Carolina?
   30 days for month-to-month leases; fixed terms generally end without notice unless the lease says otherwise.

Conclusion: Key Takeaways for South Carolina Renters

• Landlords can refuse lease renewal for any lawful reason, but must avoid discrimination or retaliation.
• Always receive and give notice in writing—typically 30 days for month-to-month tenancies.
• Use official forms and know where to seek help, especially if you suspect your rights are being violated.

With the right information, you can better protect your housing stability and respond effectively to nonrenewal situations.

Need Help? Resources for Renters

• South Carolina Judicial Department – Find forms and information on rental disputes
• South Carolina Human Affairs Commission – File discrimination complaints and access fair housing resources
• U.S. Department of Housing and Urban Development (HUD): South Carolina renter resources
• South Carolina Legal Services – Free legal advice and assistance for renters

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1. South Carolina Residential Landlord and Tenant Act
2. SCCA/750 - 30-Day Notice to Vacate (South Carolina Judicial Department)

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