South Carolina Rules on Rent Gouging: What Renters Need to Know

As a renter in South Carolina, you may be worried about sudden increases in rent or if there's anything you can do about a large rent hike. While the topic of rent gouging is often discussed, it's important to know how South Carolina law defines—and regulates—rent increases. Understanding your rights can help you plan, negotiate, and stay protected.

How Is Rent Gouging Defined in South Carolina?

Unlike some states, South Carolina does not have a statewide rent control law and does not specifically define "rent gouging" in its official statutes. There are currently no direct limits on how much a landlord may increase rent for most residential properties, as long as the property is not in a federally subsidized program.

This means that South Carolina law does not set a maximum or cap on rent increases, and landlords can generally raise rent by any amount when a lease expires or for month-to-month tenants, provided they give adequate notice.

Protections Against Excessive Rent: What the Law Says

South Carolina protects renters from unfair or deceptive landlord practices through the main landlord-tenant law: the South Carolina Residential Landlord and Tenant Act. However, this law does not address rent gouging directly, except during officially declared emergencies.

Special Rule: Price Gouging During States of Emergency

South Carolina's Price Gouging Statute (S.C. Code Ann. § 39-5-145) makes it illegal to "rent or sell... at an unconscionable price" during or after a state of emergency declared by the Governor. This rule can apply to rental housing, but only during a limited time and specific emergency situations (like a hurricane or flood). Outside of these events, there is no general law against high rent increases.

Required Notice for Rent Increases in South Carolina

While South Carolina sets no limit on how much rent can rise, the law does require landlords to give proper written notice before raising rent for month-to-month renters:

• Month-to-month tenants: At least 30 days' written notice before any rent increase can be effective.
• Yearly lease tenants: Rent cannot change during the lease term, unless both sides agree in writing. Increases typically only apply at renewal.

For more information, see Section 27-40-770 of the South Carolina Residential Landlord and Tenant Act.¹

Official Forms Renters May Need

• Notice of Rent Increase: There is currently no single standardized statewide "rent increase form" in South Carolina. Landlords must provide written notice—this is often a simple letter stating the current and new rent, along with the effective date. If you receive one, read it carefully and keep a copy for your records.
• Complaint Form (Consumer Protection Division): If you believe you are a victim of illegal price gouging during a declared emergency, you can file a consumer complaint with the South Carolina Department of Consumer Affairs. Complete the online form with details of your rent and lease terms.

Which Agency Handles Rental Disputes in South Carolina?

Residential tenancy disputes in South Carolina are typically handled in the local Magistrate Courts. Renters and landlords may bring cases related to evictions, security deposits, and violations of the landlord-tenant law to these courts.

Your Rights as a Renter: Practical Summary

To recap the main legal points for South Carolina renters:

• No general statewide limit on how much rent can be raised
• At least 30 days' notice required for rent increase if renting month-to-month
• Price gouging protection only applies during a declared state of emergency
• Disputes or complaints can be brought to your local Magistrate Court or to state consumer authorities during relevant emergencies

Frequently Asked Questions

1. Can my landlord increase rent by any amount in South Carolina?
   Yes, unless you are in a federally subsidized property or a declared state of emergency is in effect, there is no statewide cap on rent increases in South Carolina. However, you must receive proper written notice—typically at least 30 days for month-to-month tenancies.
2. What counts as illegal rent gouging in South Carolina?
   Normally, "rent gouging" is not regulated outside of emergencies. During a state of emergency, charging unreasonably high rent is illegal (per the Price Gouging Statute). Otherwise, landlords may raise rent after providing the required notice.
3. What can I do if I think I'm facing unfair rent increases?
   Document all communication and notices. If you suspect illegal activity during an emergency, you can file a consumer complaint with the South Carolina Department of Consumer Affairs and/or seek help from your local Magistrate Court.
4. Where can I find the laws about rent increases?
   See the South Carolina Residential Landlord and Tenant Act and the Price Gouging Statute for official details.
5. Do I get extra protection from high rent if I live in public housing?
   Yes, federally subsidized or public housing properties have their own rent rules. Contact your local Housing Authority for details specific to your property.

Summary: What South Carolina Renters Should Remember

• South Carolina does not have a general law against large rent increases.
• Landlords must provide 30-days’ written notice to month-to-month renters before a rent increase.
• Rent gouging becomes illegal only during a declared state of emergency.

Knowing your rights under state law helps you recognize legitimate rent increases versus illegal activity.

Need Help? Resources for Renters in South Carolina

• South Carolina Magistrate Courts — Find your local court for rent, eviction, and landlord-tenant disputes.
• South Carolina Department of Consumer Affairs – File a Complaint — Submit a complaint about illegal price gouging during emergencies.
• SC State Housing Finance and Development Authority: Renter Resources — Find guides for renters and additional support programs.
• HUD South Carolina Renters Guide — Information on federally-assisted rental properties.

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1. South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. §§ 27-40-10 et seq.)
2. Price Gouging Statute (S.C. Code Ann. § 39-5-145)
3. South Carolina Magistrate Courts
4. South Carolina Department of Consumer Affairs: File a Complaint
5. SC State Housing Finance and Development Authority: Guide for Renters

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