Rent Control in South Carolina: What Happens When Rents Go to Market Rate?

Understanding how rent control works is crucial for renters, especially if you live in South Carolina. If you're concerned about rent increases and what happens if your landlord transitions your unit to a higher market rent, it's essential to know your rights and the current laws in South Carolina. This guide breaks down what rent control means here, what happens if your unit is no longer under rent restrictions, and what steps you can take if you face a sudden rent increase.

Is There Rent Control or Rent Stabilization in South Carolina?

South Carolina law does not provide for rent control or rent stabilization in any cities or counties. The state specifically prohibits local governments from enacting rent control ordinances, meaning all rental rates are set by the market.^[1]

• No municipality or county may pass laws limiting how much rent a landlord can charge.
• Landlords can increase rent as they see fit after the lease ends or during renewal, unless stated otherwise in your lease agreement.
• If you're seeing a significant rent increase, your landlord is generally not restricted unless your lease says otherwise.

What Happens If Your Rent Goes Up in South Carolina?

Since there is no rent control, landlords in South Carolina can raise rent amounts at the end of lease periods, or as outlined in your rental agreement. Here's what you should know if you receive notice of a rent increase:

• Advance Written Notice: For month-to-month tenancies, landlords must provide at least 30 days' written notice before any rent increase takes effect. This gives you time to decide whether to accept the new rent or look for alternative housing.
• During a Fixed-Term Lease: Your rent cannot be increased during the current lease term unless the lease specifically allows for changes.

Sudden Shift from Below-Market Rent to Market Rent

If you have been paying below-market rent and the landlord decides to raise your rent to match current rates, they are legally allowed to do so once your lease term ends, provided they give the required notice. Unlike some other states, there is no state agency to authorize or contest these increases unless a lease provision is violated.

Legal Protections and Notice Requirements

Even though there is no rent control, South Carolina's South Carolina Residential Landlord and Tenant Act outlines important protections for renters.^[2] Here are the critical requirements:

• Written Notice: Any change in lease terms, including rent increases, must be communicated in writing for month-to-month leases at least 30 days in advance.
• For fixed-term leases, rent stays the same until the lease expires unless a specific rent adjustment clause exists in the lease agreement.
• Your landlord cannot raise the rent in retaliation if you have exercised any legal rights as a tenant (e.g., requesting repairs).

How to Respond to a Rent Increase Notice

If you receive a written rent increase:

• Read your lease carefully to confirm whether a rent increase is permitted and when it can occur.
• If you want to stay, you must agree to the new terms and pay the new rent amount when due after the notice period.
• If you cannot afford the new rent, begin searching for new housing before the rent increase takes effect.

Relevant Official Forms for South Carolina Renters

• Notice to Vacate (no official form number): Used by either party to end a month-to-month tenancy. If you decide not to accept a rent increase and wish to move out, you must provide your landlord with a 30-day written notice to vacate. You can find a summary and sample notice from the South Carolina Code § 27-40-770.
• Complaint for Eviction (SCCA/732): If there is a dispute regarding payment or you are facing eviction after failing to accept a rent increase, landlords will use this form to file for eviction in the Magistrates Court.
  • Landlords file this only after serving a required written notice and after the new rent is due and unpaid.
  • View the form and filing process at the South Carolina Judicial Department Forms Search by entering "SCCA/732".

No additional rental board forms are required for rent increases, but all notices should be kept in writing for your records.

Where Do I Go With Tenant Complaints or Questions?

In South Carolina, the Magistrates Court is the proper legal venue for rental disputes between tenants and landlords, including issues over rent increases, notices, or evictions. There is no centralized housing board or rent control board in South Carolina.

Key South Carolina Rental Laws Covering Rent Increases

• South Carolina Residential Landlord and Tenant Act governs all rights and responsibilities of tenants and landlords statewide.^[2]
• Section 27-40-710 explains how lease terminations and changes in terms must be handled.

FAQ: Renters’ Questions About Market Rent and Rent Increases

1. Is rent control allowed anywhere in South Carolina?
   No, state law prohibits rent control and rent stabilization, so no city or county can put limits on rent prices.
2. How much notice does my landlord have to give for a rent increase?
   For month-to-month leases, at least 30 days' written notice is required before a rent increase takes effect.
3. Can my landlord raise rent during the lease term?
   No, unless your rental agreement contains a specific provision that allows for mid-lease increases, rent can only be raised after the lease ends.
4. What if I cannot afford the new market rent?
   You can choose not to renew and give a written 30-day notice to vacate. There are also local agencies that may provide rental assistance (see resources below).
5. Where can I find help if I suspect my rights are being violated?
   You can contact your local Magistrates Court or the South Carolina Legal Services for free or low-cost legal help.

Summary: Key Takeaways for Renters

• South Carolina does not have rent control—rent amounts are determined by landlords within state law.
• Proper written notice (usually 30 days) is required before a rent increase on month-to-month leases.
• Know your lease and your rights; seek help from Magistrates Court or legal aid if you have concerns.

Need Help? Resources for Renters

• South Carolina Magistrates Court: Handles all residential tenancy disputes and eviction cases.
• South Carolina Residential Landlord and Tenant Act – Full Text
• South Carolina Legal Services: Free or low-cost legal help for renters
• South Carolina State Housing Finance and Development Authority: Rental assistance programs and renter support

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1. See: SC Code § 27-40-140 (Prohibition on rent control)
2. South Carolina Residential Landlord and Tenant Act

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