South Carolina Rent Escrow and Withholding Rent for Repairs

If you are renting a home or apartment in South Carolina and facing issues like unrepaired leaks, broken heaters, or unsafe living conditions, you might wonder whether you can withhold rent or use rent escrow to prompt your landlord to make repairs. South Carolina law offers specific protections and sets clear rules on what renters can do when their landlord does not address serious maintenance issues. This guide will explain your options and responsibilities as a renter, including the safe and legal path to seek repairs through rent escrow.

Understanding Maintenance and Habitability Rights in South Carolina

South Carolina law requires landlords to keep rental properties in a safe and livable ("habitable") condition. This includes basic functions like working plumbing, heat, electrical systems, and a safe structure. If a landlord fails to make necessary repairs that affect your health or safety, you have rights under the South Carolina Residential Landlord and Tenant Act ^[1].

What Is Rent Escrow?

Rent escrow is a process where a tenant pays their rent to a court or an official account instead of directly to the landlord, usually because of unaddressed repairs or health and safety violations. This process ensures that the rent is still paid, but puts pressure on the landlord to fix the issues.

Can Tenants Withhold Rent in South Carolina?

South Carolina tenants CANNOT legally withhold rent on their own without court approval. If you simply stop paying rent due to unaddressed repairs, you risk eviction. Instead, the law allows tenants to file a request with the Magistrate Court to proceed with rent escrow as a legal remedy ^[2].

How to Legally Request Repairs and Start Rent Escrow

If repairs are needed, follow these steps to protect your rights and document your actions. Always communicate clearly in writing!

Step 1: Request Repairs in Writing

• Notify your landlord in writing about the needed repairs.
• Clearly list the problems and give your landlord at least 14 days to make the repairs.
• Keep a copy of the written notice for your records.

Step 2: If Repairs Are Not Made, File with Magistrate Court

If your landlord does not respond within the timeline, you may petition the court for relief. This is the legal pathway to start paying rent into escrow until repairs are made. Do not stop paying rent unless ordered by the court.

• File an application with the Magistrate Court in your rental property's county.
• You may use the Application and Summons (Form SCCA 701). This form is used to request that the court intervene in a landlord-tenant dispute, such as seeking repairs or rent escrow.
• Find the SCCA 701 Application and Summons form here by searching for "SCCA 701" on the South Carolina Judicial Department website.
• Once approved, you will pay rent into the court registry, not to your landlord, until the issue is resolved.

What the Magistrate Court Will Do

The South Carolina Magistrate Court reviews your application and your evidence (such as letters to the landlord and photos of the repair issue). If the court finds your case valid, they may:

• Order you to pay your rent into court escrow
• Require your landlord to make the necessary repairs
• Order repairs be made within a specific time frame

Relevant Forms and How to Use Them

• Application and Summons (SCCA 701)
  • What it is: The standard court form to file disputes under the Residential Landlord and Tenant Act, including requests for repairs or rent escrow.
  • How to use: Complete with your information, describe the repair issue, and submit to the local Magistrate Court. Example: If your heat is not working in winter and your landlord ignores your written requests, complete and submit this form to start the legal process for repairs.
  • Download the official Application and Summons form (SCCA 701)

Always contact your county Magistrate Court for filing details and assistance.

What the Law Says

All tenant rights and landlord obligations related to maintenance and repairs are found in the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)^[1]. For maintenance issues, see Section 27-40-440. This law sets the legal requirements for property condition, repair timelines, and the legal remedies available to renters.

FAQs: Rent Escrow & Repairs in South Carolina

1. Can I stop paying rent if my landlord refuses to make repairs?
   No, renters in South Carolina are not allowed to withhold rent on their own. You must get approval from Magistrate Court and follow state procedures to use rent escrow legally.
2. What is considered a serious repair under the law?
   Serious repairs include issues affecting health and safety, such as no heat in winter, water leaks, sewage backups, or broken locks. Cosmetic issues are usually not covered.
3. How do I file for rent escrow?
   You must file an Application and Summons (SCCA 701) with your local Magistrate Court, including details of your requests for repair and previous written notifications to the landlord.
4. Will I owe back rent if the court denies my rent escrow request?
   Yes. If the court finds in favor of the landlord or denies your request, you must pay any owed rent in full to avoid eviction.
5. Where can I get more help with my rent escrow case?
   Contact the Magistrate Court in your county or reach out to South Carolina Legal Services for free tenant assistance.

Conclusion: Key Takeaways for Renters

• Renters cannot withhold rent without court approval.
• Always request repairs in writing and keep all documentation.
• Use the Magistrate Court and official forms to safely seek rent escrow if repairs are not made.

Remember, document every step and follow the official process to maintain your rights and avoid eviction.

Need Help? Resources for Renters

• South Carolina Magistrate Court Directory – Find your county court and contact information
• South Carolina Legal Services – Free statewide legal help for low-income renters
• South Carolina Residential Landlord and Tenant Act – Full text of the state tenancy law
• Official Judicial Forms Portal – Access all court forms, including applications and summons

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1. South Carolina Residential Landlord and Tenant Act, Title 27, Chapter 40
2. South Carolina Magistrate Court Official Tribunal for Tenancy Disputes

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