SC Tenant Rights for Short-Term Vacation Rental Issues

Navigating your rights as a renter in a short-term vacation rental can be confusing, especially in South Carolina where laws differ from traditional leases. Whether you're staying for a few weeks or a few months, understanding your protections and the rules landlords must follow can help you avoid disputes and advocate for fair treatment.

Your Rights as a Tenant in Short-Term Vacation Rentals

Many renters use platforms such as Airbnb or Vrbo for stays of less than 90 days. In South Carolina, the law distinguishes between traditional tenancies and short-term "transient accommodations." Knowing which rules apply is critical for protecting yourself.

  • Short-term vacation rentals (less than 90 days, often furnished and not your primary residence) are generally not covered by the main landlord-tenant laws in South Carolina.
  • If you rent for more than 90 consecutive days or treat the unit as your primary home, South Carolina Residential Landlord and Tenant Act protections may apply.
  • Even in short stays, you have basic contract rights—meaning rental terms must be clear and honored, and the property must be as advertised.
  • Local city or county rules may also affect short-term rentals, including licensing, discrimination, or safety requirements.

When Does South Carolina Tenant Law Apply?

The South Carolina Residential Landlord and Tenant Act (SCRLTA) mostly covers leases longer than 90 days, or where the property is your primary residence.[1] If your stay meets these conditions, you get the full protection of state tenant law, including protections around eviction, deposits, repairs, and notice periods.

Your Protections When Renting Short-Term

For stays under 90 days:

  • Landlords must keep their promises about the condition and amenities of the unit, as outlined in your rental agreement.
  • Owners must follow health and safety rules set by local authorities—including fire exits and cleanliness—as required by local or county law.
  • Discrimination in short-term rental arrangements is prohibited under state and federal fair housing laws.
  • If something is unsafe or misrepresented, you may be able to seek a refund, file a consumer complaint, or take the dispute to Small Claims Court.
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Official Forms and How to Use Them

There are no specific statewide forms in South Carolina just for short-term vacation rental tenants. However, if your stay qualifies under the SCRLTA, you may use standard tenant forms:

  • Complaint Form for Unsafe or Unhealthy Housing
    Used to report poor conditions to your local housing authority or code enforcement office. For example, if your rental has broken locks or mold, you can submit this to your city or county office to request an inspection.
    SC Housing Authority Contact Page
  • Magistrates Court Civil Action Cover Sheet (SCCA/518)
    If you need to file a claim against a landlord for unreturned deposits or breach of contract, this form begins your small claims action.
    Download SCCA/518

Always keep a copy of any agreement or communication with your landlord. If you need evidence of payment or issues, document them in writing.

Where to Get Help With Vacation Rental Disputes

South Carolina’s local Magistrate Courts handle small claims and basic rental disputes. They are the official tribunal for landlord-tenant matters in the state.

What If the Rental Was Not as Advertised?

  • Document the issue with photos and communication.
  • Speak with the owner or platform (such as Airbnb) about a resolution.
  • If no solution is found, file a civil action using the Civil Action Cover Sheet with the Magistrate Court in your county.

In rare cases, if you believe your rights were violated, report it to the South Carolina Department of Consumer Affairs.

If you are unsure about your rights or whether South Carolina tenant laws apply, consult your local Magistrate Court or seek help from a trusted housing advocacy group.

Frequently Asked Questions

  1. Does the South Carolina Residential Landlord and Tenant Act protect me in a short-term rental?
    Generally, the Act only covers stays over 90 days or if you establish the unit as your primary residence. For most vacation rentals, general contract laws and local rules apply.
  2. What should I do if my short-term rental is unsafe or doesn't match the listing?
    First, reach out to the owner or property manager. If the problem isn’t resolved, you can file a complaint with local code enforcement or pursue a claim in Magistrate Court.
  3. Are landlords allowed to evict me from a vacation rental without notice?
    For rentals under 90 days, eviction rules are not the same as for traditional tenancies, but owners must follow their own written agreement and local ordinances. Unlawful lockouts may still be challenged in court.
  4. Can I get my deposit back after leaving a short-term vacation rental?
    Return of deposits depends on your rental agreement. If your stay falls under the Act, the landlord must return your security deposit within 30 days, minus justified deductions.
  5. Where can I find official government resources for renters in South Carolina?
    Visit the Magistrate Court site for tenancy disputes. The Department of Consumer Affairs also offers support.

Key Takeaways for Renters

  • Short-term vacation rentals under 90 days are usually not covered by state tenant law, but local ordinances and contracts still offer important protections.
  • Use South Carolina's Magistrate Courts and Consumer Affairs Department for help with unresolved rental disputes or unsafe housing.
  • Always get agreements in writing and document any issues during your stay.

Need Help? Resources for Renters


  1. South Carolina Residential Landlord and Tenant Act (SC Code Title 27, Chapter 40)
  2. South Carolina Magistrate Courts: Landlord-Tenant Dispute Resolution
  3. SC Department of Consumer Affairs: File Consumer Complaint
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.