How many people can share a rental apartment in South Carolina?

Most local rules and HUD guidance allow two people per bedroom plus one, but check your city or county codes for specifics.

Can my landlord evict me for overcrowding?

Yes, if you violate the legal occupancy limit, your landlord can give notice and begin eviction after proper procedures.

What if my landlord says I have too many roommates, but we are all family?

South Carolina and federal law give protections for families; clarify the lease definition of family and consult your housing authority for disputes.

Who can I contact if I have concerns about overcrowding?

Contact your local housing/code enforcement office first. If needed, reach out to South Carolina Magistrate Courts or legal aid.

Is there a statewide occupancy form for South Carolina?

No, occupancy complaint forms are handled at the city or county level. Look on your local government website.

South Carolina Renter Guide: Occupancy Limits & Overcrowding Laws

Roommates, Subletting & Shared Housing South Carolina published: June 21, 2025

Understanding how many people can legally live in a rental property is essential for renters in South Carolina. Overcrowding rules and occupancy limits affect everything from roommate arrangements to lease renewals. This article explains South Carolina’s occupancy laws, how they protect renters and landlords, and what to do if you’re facing concerns about overcrowding or shared housing.

What Are Occupancy Limits in South Carolina Rental Housing?

Occupancy limits set the maximum number of people who can legally live in a rental unit. In South Carolina, rental occupancy typically follows a reasonable standard set by local city or county housing codes. However, there is no single statewide occupancy law. Instead, most South Carolina cities and counties use HUD’s guideline of two persons per bedroom, plus one additional person per unit, unless local rules specify otherwise.^[1]

City ordinances: Many local governments, such as Charleston, Greenville, and Columbia, have their own occupancy codes. Check with your town or county housing office for the most accurate numbers.
Federal law: The U.S. Department of Housing and Urban Development (HUD) recommends a "two-per-bedroom plus one" rule, but landlords must also consider the size of bedrooms and overall dwelling space.
Lease agreement terms: Your lease may set stricter limits, but it cannot violate fair housing laws.

How Overcrowding Is Defined

Overcrowding means more people are living in a unit than is considered legal or safe based on local occupancy rules. Overcrowding can lead to:

Health and safety issues (like fire hazards or sanitation problems)
Violation of lease terms and possible eviction
Enforcement by city or county housing officials

Landlords are responsible for ensuring their properties are compliant, but renters must also follow legal limits to avoid breaches of lease or local law. For details on your local code, consult your South Carolina Code of Laws Title 31 — Housing and Redevelopment.

Are There Exceptions to Occupancy Rules?

Some exceptions exist under South Carolina and federal law:

Fair Housing Act: Landlords must make reasonable accommodations for families with children and people with disabilities, as long as safety is not compromised.
Roommate agreements: Non-family members may have more restrictions since "family" can include certain extended family members or dependents.

It is important to review any city or county housing regulations on occupancy, especially in college towns or areas with strict codes. Check with your local housing authority or visit South Carolina’s Housing Law for more specifics.

What Happens if Your Rental Is Overcrowded?

If your unit exceeds local occupancy standards, several things could happen:

Your landlord could issue a formal notice to reduce the number of occupants.
City or county housing inspectors might make an unscheduled visit if they receive a complaint about overcrowding.
Habitual or major overcrowding violations may result in eviction procedures.
If the landlord fails to maintain legal conditions, renters can notify the authorities for an inspection.

Always respond promptly to any written notice about occupancy. Communication and documentation are key to protecting your rights and your home.

How to Address Overcrowding Issues or File a Complaint

If you are concerned about overcrowding claims or questions, follow these steps:

Check your lease and local occupancy codes.
Communicate with your landlord about any changes in household size.
If you believe your landlord is applying rules unfairly, contact your local housing authority or the South Carolina Residential Builders Commission.
You can file a housing code complaint with your city or county’s code enforcement office (forms and procedures vary by locality).

Key Official Forms Renters May Need

Complaint Form for Housing Code Violations (local): Used to report unsafe overcrowding or housing issues. For example, if several unrelated people are being forced into a single bedroom, you might complete your city or county’s Housing Code Complaint form. Complaint Form — City of Charleston
Notice to Landlord of Maintenance Issue (no official statewide form): Used to document requests for repairs or to note health and safety concerns. Draft a written letter referencing South Carolina Landlord and Tenant Act requirements. Guidance on sample letters is available from the South Carolina Residential Landlord and Tenant Act.

Form use varies by locality, so always check your city’s housing department web page or office for the latest documents.

Who Handles Rental Disputes or Violations?

Disputes about occupancy or overcrowding are often first addressed at the city/county code enforcement office. For unresolved issues, South Carolina’s courts—namely the South Carolina Magistrate Courts—handle landlord-tenant claims, evictions, and other residential matters.

Tribunal/Board: South Carolina Magistrate Courts (Landlord-Tenant Division)
Official state law: South Carolina Residential Landlord and Tenant Act

Summary of South Carolina Occupancy Legislation

South Carolina’s rental occupancy laws are designed to balance tenant rights with building safety. Always refer to both your lease and local ordinances for precise limits and procedures.

FAQs: Occupancy Limits & Overcrowding in South Carolina

How many people can share a rental apartment in South Carolina? Most local codes and HUD guidance set the standard at two people per bedroom, plus one, but always check your city or county’s rules for details.
Can my landlord evict me for overcrowding? Yes, if you exceed the legal occupancy limit set by the lease or local law, your landlord can issue a notice and pursue eviction after following proper procedure.
What if my landlord says I have too many roommates, but we are all family? Family definitions may protect against strict enforcement. South Carolina and federal law require reasonable accommodations for families, so ask your landlord for specific lease or code language and consult your local housing authority if there's a dispute.
Who can I contact if I have concerns about overcrowding? Start with your local housing/code enforcement office. If unresolved, reach out to the South Carolina Magistrate Courts or a legal aid service.
Is there a statewide occupancy form for South Carolina? No, most forms for complaints or violations are provided at the city or county level. Refer to your local government website for the appropriate form.

Key Takeaways for South Carolina Renters

Occupancy rules are set by local codes—always check your city or county ordinance first.
Violating occupancy limits can lead to warnings, fines, or eviction, but tenants have the right to reasonable accommodation for family and disability.
If you have questions or disputes, promptly contact your landlord, local housing authority, or seek assistance from the Magistrate Court or a renter advocacy group.

Need Help? Resources for Renters

South Carolina Residential Landlord and Tenant Act (Full Text)
Find Your Local Magistrate Court
South Carolina Legal Services (Tenant Assistance)
South Carolina Residential Builders Commission (Rental Safety)
Check your city or county code enforcement office for forms and complaint contacts.