Student Housing Rights: What College Renters Need to Know in South Carolina

Finding fair and safe housing is an important part of the college experience. If you’re a college student renting in South Carolina, it’s essential to know your rights and responsibilities under state law. Being informed can help you address maintenance problems, security deposits, lease issues, and eviction concerns with confidence.

Who Is Protected: Student Renters and South Carolina Law

College students renting off-campus apartments, shared houses, or rooms are covered by South Carolina’s main rental law, the South Carolina Residential Landlord and Tenant Act. This law applies whether you’re living in private housing, with or without roommates, or in university-managed apartments not classified as "dormitories".

• Dormitories and on-campus housing run by schools are typically not covered by state landlord-tenant law, but university policies may offer similar protections.
• If renting off-campus, even with a group lease, you have rights to a safe, livable space and fair treatment from your landlord.

If you’re uncertain if your housing is covered, check your lease or ask your university’s housing office.

Key Student Renter Rights in South Carolina

Here are the most important legal protections for student renters:

• Right to habitable housing: Your landlord must keep your rental safe and livable, handle repairs, and meet local building codes (SC Code § 27-40-440).
• Security deposits: South Carolina law doesn’t set a maximum deposit, but landlords must return unused deposits within 30 days after moving out, minus damages itemized in writing (SC Code § 27-40-410).
• Privacy: Landlords generally must give at least 24 hours’ notice before entering your unit, except for emergencies (SC Code § 27-40-530).
• Protection against unlawful eviction: Landlords can only evict you through the court process — not by changing the locks, shutting off utilities, or removing your belongings.
• Advance notice for lease changes or termination: If you rent by the week or month, your landlord must give proper written notice before ending your lease (usually 7 days for weekly, 30 days for monthly tenants).

Eviction Rules and Process for Student Renters

Being aware of eviction rules can help you protect your housing if trouble arises:

• Written notice required: Your landlord must give you a written notice if you break lease rules or do not pay rent. The notice must state the reason and give you a chance to correct the issue (usually 5 days for nonpayment of rent).
• Court involvement: If you do not resolve the problem or move out, your landlord must file an eviction case with the Magistrates Court (the official tribunal handling landlord-tenant disputes in South Carolina). Learn more at the South Carolina Magistrates Court.
• Right to a hearing: You have the right to respond to the eviction notice and appear in court.

Unlawful evictions ("self-help" evictions) are illegal. If your landlord tries to evict you without a court order, you can contact the court or seek legal help.

Important Forms for South Carolina Student Renters

• Rule to Vacate Form (SCCA/732) - When your landlord files for eviction, you may receive a "Rule to Vacate" form.
  How to use: This form gives you official notice and a chance (usually 10 days) to respond or request a court hearing. If you believe the eviction is unfair, file a written response with the court indicated on your notice.
  Find the Rule to Vacate form (SCCA/732) here
• Answer Form - If you want to contest an eviction, file an "Answer" with the Magistrates Court before the deadline given on your Rule to Vacate.
  How to use: Give a clear explanation and bring evidence (messages, receipts, photos) to your hearing. Instructions are included on your Rule to Vacate notice.
  Magistrates Court forms and instructions

What to Do If Repairs Aren’t Made

If your landlord won’t fix unsafe conditions (like no heat, no hot water, or unsafe wiring):

• Notify your landlord in writing of the needed repair and keep a copy.
• If issues aren’t fixed in a reasonable time (usually 14 days), you may have the right to end your lease or seek other remedies in court (SC Code § 27-40-610).
• Never withhold rent without a court order, or you risk eviction.

Tips for Avoiding Common Student Rental Problems

• Always get a written lease and review it before signing.
• Take photos of your space at move-in and move-out for your records.
• Keep copies of all communications with your landlord.
• Know how much notice you need to give if moving out.

Frequently Asked Questions for Student Renters

1. Is my off-campus apartment covered by South Carolina tenant law?
   Most off-campus rentals (apartments, houses, shared housing) are covered by the South Carolina Residential Landlord and Tenant Act. Traditional on-campus dorms are not.
2. How do I officially fight an eviction notice?
   Respond in writing (using an Answer form) to the court within the deadline listed on the Rule to Vacate, and attend your hearing. Bring any evidence that supports your case.
3. Can my landlord enter my student apartment without notice?
   No, except for emergencies. In most cases, at least 24 hours’ notice is required for entry.
4. How long does my landlord have to return my security deposit?
   Within 30 days after you move out, along with a written itemization of any deductions.
5. Where do I go if I need help with a landlord-tenant dispute?
   The South Carolina Magistrates Court handles rental disputes. University legal aid offices and local legal aid services are also helpful resources.

Key Takeaways for Student Renters

• South Carolina law gives student renters clear rights to a safe home and fair treatment.
• Understanding eviction and maintenance rules protects you from unlawful actions.
• Magistrates Court is the official place for rental disputes.

Being proactive and informed helps students maintain stable, safe housing throughout college.

Need Help? Resources for Renters

• South Carolina Magistrates Court – Handles eviction and tenant-landlord cases statewide.
• South Carolina Residential Landlord and Tenant Act
• South Carolina Legal Services – Free or low-cost legal help for renters.
• Check your university’s legal aid or student advocacy office for support specific to college renters.

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1. South Carolina Residential Landlord and Tenant Act, official state legislation
2. South Carolina Magistrates Court, see official court information
3. Magistrates Court Forms, official forms directory
4. South Carolina Legal Services, legal help resources

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