Secondhand Smoke Complaint Guide for South Carolina Renters

If you’re a renter in South Carolina and experiencing issues with secondhand smoke from neighboring units or common areas, you may be wondering what your rights are and how to address the problem effectively. While state laws provide protections for safe and habitable housing, secondhand smoke is a growing concern that can affect your health and well-being. This guide explains your options, your landlord’s responsibilities, and the steps you can take to resolve secondhand smoke complaints in South Carolina.

Secondhand Smoke: Renter Rights and Landlord Duties

South Carolina’s rental law requires landlords to keep rental properties habitable and safe. However, there is no specific law in South Carolina that bans smoking in private rental units. Most legal protections against secondhand smoke come from local city ordinances, lease terms, and general clauses in the South Carolina Residential Landlord and Tenant Act which requires landlords to maintain a healthy living space.^[1]

What Does Habitability Mean in South Carolina?

• Safe and Sanitary: Landlords must keep your rental unit safe and in good repair.
• Compliance with Building Codes: Rental properties must meet local health and building standards.
• Common Areas: Landlords are responsible for keeping shared spaces, like hallways, reasonably clean and safe.

If excessive secondhand smoke is entering your unit and affecting your health, you may be able to argue it violates your right to a habitable home.

Dealing with Secondhand Smoke Complaints: Steps for Renters

Many renters resolve smoke issues through communication. If talking to your neighbor is not effective, here are the practical steps you can follow:

• Check Your Lease: Look for any smoke-free or nuisance clauses in your lease agreement. Some landlords have adopted no-smoking policies.
• Document the Issue: Keep a log of when and how smoke enters your unit. Photos, medical notes, or written complaints can support your case.
• Notify Your Landlord in Writing: Let the landlord know about the problem and request action in a dated, written letter or email. Keep a copy for your records.
• Contact Local Health Department: While there may not be a statewide form for secondhand smoke, contacting your city or county health department may help, especially if smoke affects children, elders, or people with medical needs.
• File a Formal Complaint (if necessary): If your landlord does not address the issue, you may have grounds to file a complaint with your local housing authority or seek legal recourse.

Relevant Official Forms and How to Use Them

• South Carolina Landlord Notice of Habitability Violation Form: While there is not a specific statewide form for smoke complaints, you can use a written Notice of Violation. This is a letter addressed to your landlord outlining the issue and requesting them to remedy the condition. Include dates, descriptions, and your desired outcome.
  Example: "I am writing to notify you of recurring secondhand smoke in my apartment at [address] causing health concerns. Please take steps to remedy this by [reasonable date]."
  Relevant Legislation: S.C. Code Ann. § 27-40-610^[2]

Who Handles Housing Complaints in South Carolina?

South Carolina does not have a state-level housing tribunal for landlord-tenant disputes. Complaints generally go to your local county health department, city code enforcement, or, in unresolved cases, your local Magistrate Court.^[3]

What South Carolina Law Says

The main legislation covering landlord and tenant rights is the South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40). It sets out both landlord and tenant responsibilities, including the obligation to maintain habitable premises (see § 27-40-440).^[1]

FAQ: Handling Secondhand Smoke in Rentals

1. Does South Carolina law prohibit smoking in rental apartments?
   No, state law does not ban smoking in private rental homes. However, your lease or local ordinances may include smoke-free policies.
2. What can I do if my lease does not mention smoking?
   You can still request your landlord address secondhand smoke as a nuisance or habitability issue, especially if it affects your health.
3. Can I file a complaint if my neighbor's smoke is making me sick?
   Yes. Document the issue and notify your landlord in writing. If you have health impacts, include medical documentation if available. Contact your local health department if necessary.
4. Is there a government form for secondhand smoke complaints?
   No official statewide form exists, but written notification to your landlord is recommended. You may use a Notice of Habitability Violation letter.
5. Which tribunal or agency reviews rental disputes about health concerns?
   Most disputes begin with your local health department or city code enforcement office, and unresolved cases may go before the South Carolina Magistrate Court.

Conclusion: Key Takeaways for Renters

• You have a right to safe, habitable housing under the South Carolina Residential Landlord and Tenant Act.
• No statewide ban on smoking in rentals exists; protections usually stem from local ordinances and lease terms.
• Address smoke problems promptly—document everything and communicate with your landlord in writing.

By understanding your rights and taking practical steps, you can advocate for a healthier living environment.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act
• South Carolina Department of Health and Environmental Control (DHEC): Residential Environmental Concerns
• South Carolina Magistrate Court System – For unresolved disputes
• South Carolina Legal Services – Free legal aid for eligible tenants

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1. [1] South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40)
2. [2] Landlord Obligations – S.C. Code Ann. § 27-40-610
3. [3] South Carolina Magistrate Court

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