South Carolina Renter Rights: What Tenants Need to Know

Renting a home in South Carolina comes with important legal protections and responsibilities. This guide outlines your rights as a tenant, including how to handle security deposits, request repairs, respond to eviction notices, and understand recent changes to state laws. Knowing your rights can help you resolve issues and communicate confidently with your landlord.

Key South Carolina Renter Rights

Most South Carolina renters are protected under the South Carolina Residential Landlord and Tenant Act. Here’s what you should know:

• Right to a Habitable Home: Landlords must keep your rental safe and livable, following state and local housing codes.
• Security Deposits: Deposits must be returned within 30 days after you move out, minus lawful deductions. Landlords must explain any deductions in writing.
• Protection Against Retaliation: Your landlord can’t evict you or raise the rent just because you ask for repairs or report code violations.
• Notice for Entry: Landlords usually must give at least 24 hours’ notice before entering your home (except in emergencies).
• Eviction Rules: You can be evicted only for legal reasons and after receiving proper notice as defined by law.

Eviction Process and Notices

Landlords cannot remove you from your home without a court order. If you receive an eviction notice, here’s what typically happens:

• Nonpayment of Rent: Your landlord must give you a 5-Day Notice to Pay Rent. If you don’t pay in five days, they may file for eviction in Magistrates Court.
• Breach of Lease: For violating another lease term, you must be given written notice and time to fix the issue (usually 14 days).

If you receive an eviction summons, you can respond with the official form:

• Form Name: Answer/Counterclaim to Application for Ejectment (SCCA/732)
  When to Use: Use this form to tell your side and explain any defenses right after being served an eviction notice from Magistrates Court.
  How to Use: Fill out and file with your local Magistrates Court within 10 days so your eviction case can be heard.

How to Request Repairs

If your rental needs essential repairs, notify your landlord in writing. Include specific details and give a reasonable deadline. If repairs aren't made, you may consider withholding rent or seeking court help, but always get legal advice first.

Rent Increases and Lease Renewals

South Carolina state law does not limit how much a landlord can increase rent, but increases are only allowed when your lease renews or as stated in your rental agreement. Your landlord must provide written notice in advance, usually 30 days for month-to-month renters.

Your Rights During Lease Termination

• Notice to Vacate: Month-to-month tenants must generally receive 30 days’ notice before termination.
• Final Walkthrough: You have a right to a final inspection and to receive a written account of deposit deductions.

Tip: Keep written records of all communications and notices. If possible, follow up repair requests or move-out notices with an email for your file.

Who Oversees Rental Disputes?

In South Carolina, rental disputes and evictions are handled by your local Magistrates Court. Each county courthouse has a Magistrate responsible for landlord-tenant issues. If you believe your rights have been violated, you may apply to this court for help.

Relevant Tenancy Legislation

• South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)

FAQ: Common South Carolina Renter Questions

1. Can my landlord keep my security deposit for normal wear and tear?
   No. Landlords may only deduct for actual damages beyond normal wear and tear. Cleaning and repairs must be detailed in a written itemized statement.
2. Do I have to let my landlord enter my apartment at any time?
   No. Except emergencies, your landlord must give at least 24-hours’ notice and enter at a reasonable time.
3. What can I do if my landlord won’t make needed repairs?
   Send a written repair request with a timeline. If repairs aren’t done, contact the local housing code office or consider filing in Magistrates Court.
4. How soon will I be evicted if I don’t pay rent?
   You typically get a 5-day notice to pay. If you don’t pay or resolve the issue, the landlord must then file with Magistrates Court to proceed with an eviction.
5. Are there rent control laws in South Carolina?
   No. The state does not have rent control. Your landlord can raise the rent with proper notice according to your lease.

Conclusion: Key Takeaways

• South Carolina law provides strong basics for renter safety and fair notice.
• Evictions and deposit disputes are handled through Magistrates Court—always respond to notices promptly and keep documentation.
• Help is available from government resources and courts if you need support.

Need Help? Resources for Renters

• Find Your Local Magistrates Court — Handles landlord-tenant case filings and eviction hearings.
• Read the South Carolina Residential Landlord and Tenant Act — Review your rights under state law.
• South Carolina Legal Services — Provides free legal help to qualifying renters facing eviction or housing problems.
• South Carolina State Housing Finance and Development Authority — Offers renter assistance programs and housing information.

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1. South Carolina Landlord and Tenant Act, Title 27, Chapter 40. Full Text on SC Legislature Site
2. South Carolina Judicial Department – Magistrates Court Landlord-Tenant Information
3. SC Judicial Forms – Answer/Counterclaim to Application for Ejectment (SCCA/732)
4. South Carolina Legal Services – Housing Help Page

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