South Carolina Landlord Repair Responsibilities Explained

Renters in South Carolina have key rights when it comes to repairs and maintenance. Understanding landlord repair responsibilities ensures your rental home stays safe and livable, and helps you act quickly if problems arise. This article covers South Carolina's landlord repair laws, official forms, and the steps you should take if your landlord isn't making needed repairs.

Understanding Landlord Repair Obligations in South Carolina

Under South Carolina law, landlords must keep rental properties in a safe and habitable condition. This means your landlord is legally required to:

• Comply with all applicable housing and building codes affecting health and safety
• Make all repairs needed to keep your home habitable
• Keep common areas clean and safe
• Maintain plumbing, heating, air conditioning, and electrical systems in good working order
• Supply running water, hot water, and reasonable heat (unless it’s stated you control these utilities)
• Provide garbage bins and arrange for trash removal

These obligations are set under the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40).

What is 'Habitability'?

‘Habitability’ means your rental unit is fit to live in and meets basic health and safety standards. For example, broken heating in winter, severe water leaks, or mold problems could violate these standards.

What Should Renters Do If Repairs Are Needed?

If something in your rental is broken or unsafe, it’s important to notify your landlord in writing right away.

• Describe the problem clearly and keep a copy of your request.
• The law requires you to give the landlord reasonable time to fix the issue—typically 14 days after receiving written notice (see Section 27-40-610).

Using Official Written Notice

There is no state-issued official "repair request" form, but a written letter or email is required. Include:

• Your name, address, and contact information
• A clear description of the problem
• The date you are sending the notice
• A request to have the issue fixed within 14 days

Keep a copy and proof of delivery.

When Can Renters Withhold Rent or Make Repairs?

South Carolina law generally does not allow renters to withhold rent or make repairs and deduct the cost unless allowed by a court. Always follow proper steps and seek legal advice before withholding rent.

Filing a Complaint or Legal Action

If your landlord still fails to make necessary repairs after written notice, you may:

• Contact the South Carolina Magistrate Court (the local court handling landlord-tenant disputes)
• File a lawsuit to seek an order requiring the landlord to make repairs

You can find your county’s Magistrate Court using the state’s Magistrate Court Directory.

Key Official Forms and How to Use Them

• Magistrate Court Complaint Form
  Use when your landlord ignores your written repair notice.
  
  • Form Name: South Carolina Magistrate Court Civil Complaint
  • How to Use: Fill out this form to formally ask the court to order the landlord to make repairs or address unsafe conditions.
  • Download South Carolina Magistrate Court Civil Complaint (Form SCCA/500)

File the complaint with your county Magistrate Court. Bring your written notice, any photos, and proof of communication.

Understanding the Law: The South Carolina Residential Landlord and Tenant Act

All landlord repair duties are governed by the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40).¹

For detailed legal text, use the official government resource.

1. What repairs are landlords required to make in South Carolina?
   Landlords must keep your home safe and habitable, repair heating, plumbing, provide running water, and meet state and local codes.
2. How long does a landlord have to fix something in South Carolina?
   Once you provide written notice, your landlord usually has 14 days to make repairs, unless the issue is an emergency and requires faster action.
3. Can I withhold rent if my landlord doesn’t fix things?
   No. In South Carolina, you cannot legally withhold rent for repairs unless a court gives specific permission.
4. What should I do if my landlord ignores my repair request?
   File a written complaint with the Magistrate Court after giving notice and keeping copies of all communications.
5. What government body handles landlord-tenant repair disputes?
   The South Carolina Magistrate Court handles residential tenancy disputes and repair issues.

Summary:

• South Carolina law protects your right to safe and maintained housing.
• Landlords have 14 days after your written notice to address repairs.
• If repairs aren’t made, you may file a complaint in Magistrate Court using official forms.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act (full legislation)
• Find Your Local Magistrate Court
• University of South Carolina School of Law: Landlord/Tenant Rights
• Call the South Carolina Legal Services Helpline: 1-888-346-5592

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1. South Carolina Residential Landlord and Tenant Act, Title 27, Chapter 40

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