Understanding Vacancy Decontrol for South Carolina Renters

If you rent in South Carolina, you might wonder how vacancy decontrol affects your rent when a tenant moves out and a new one moves in. While some states have rent control and vacancy decontrol rules, knowing South Carolina’s laws ensures you understand what protections and limitations exist for renters and landlords when it comes to rent changes between tenancies.

Does South Carolina Have Rent Control or Vacancy Decontrol?

South Carolina does not have any statewide or local rent control laws. There is no rent stabilization or special protection that limits how much a landlord can increase the rent, even after a tenant moves out (known as “vacancy decontrol”).

• Landlords are free to set the rent at any amount when advertising a unit to a new tenant.
• There are no restrictions on rental increases for new tenants, regardless of the previous rental rate.
• Existing tenants must be provided with written notice of any rent increase before a new rental period begins, as outlined in the South Carolina Residential Landlord and Tenant Act^[1].

In other words, in South Carolina, vacancy decontrol applies by default: landlords can choose any new rent once a unit is vacant, without limitation from any rent control law.

How South Carolina Law Handles Rent Increases and Lease Renewals

South Carolina law does not regulate how much rent can increase between tenancies. However, to raise rent for a current tenant, the landlord must:

• Give written notice of the rent increase before the beginning of a new rental term (for month-to-month, this means at least 30 days before the new period begins)
• Avoid raising rent during a fixed-term lease unless the lease itself allows it

If your lease is ending and your landlord proposes a new rent, you have the choice to accept, negotiate, or decline and move. There is no legal limit on how much the rent can be raised for a new lease agreement.

Vacancy Decontrol: What Renters Should Know

Because South Carolina does not have rent control:

• When a rental unit becomes vacant, landlords may freely set a new rent for the next tenant.
• There is no official board or agency to approve or cap rent increases between tenants.
• Renters should review the proposed lease carefully and ensure all terms are clear before signing.

Protections Still in Place for All Renters

Even without rent control, South Carolina law protects renters in several ways:

• Landlords cannot increase rent in a discriminatory or retaliatory manner (such as in response to filing a health or safety complaint).
• Written notice is required for all rent increases for existing tenants.
• Standard rights exist regarding repairs and habitability. Learn more at the South Carolina Residential Landlord and Tenant Act.

Official Tribunals and Forms for South Carolina Renters

Disputes between landlords and tenants in South Carolina are typically handled through the local Magistrate Court. There are no dedicated rent boards or rent control agencies in the state.

Common Forms for Renters

• Notice to Vacate (Form SCCA/732): Use this if your landlord serves you a notice to vacate and you need to respond or challenge the eviction. For more on this form and process, visit the South Carolina Judicial Department Forms page and search "SCCA/732".
• Complaint for Summary Ejectment (Form SCCA/732): This is typically used by landlords to begin an eviction process in Magistrate Court. Tenants respond by appearing in court and may also file a written answer. Forms and instructions are found at the official court forms page.

Always read any notice or form carefully and consult with legal support if you have questions about responding to these documents.

Frequently Asked Questions: South Carolina Renters and Vacancy Decontrol

1. Does South Carolina have rent control or rent stabilization?
   No, South Carolina does not have rent control or rent stabilization. Landlords can set the rent for new tenants without limit.
2. Can my landlord raise the rent as much as they want after I move out?
   Yes. With vacancy decontrol, your landlord can set any rental price they choose for a new tenant after you leave.
3. Does the law protect me from big rent increases if I stay in the same unit?
   There is no cap on rent increases, but your landlord must give you written notice before raising rent for a new lease or rental period.
4. Who should I contact for disputes about rent or evictions?
   Landlord-tenant disputes in South Carolina are handled by the Magistrate Court in your county.
5. If I receive an eviction notice, what form do I use?
   Tenants should read their notice carefully and may respond by appearing in court or filing a written defense. Forms like SCCA/732 are used in eviction cases.

Need Help? Resources for Renters

• South Carolina Magistrate Courts Directory – Find your county court for landlord-tenant disputes.
• South Carolina Residential Landlord and Tenant Act – Read the full law protecting renters and landlords.
• SC Legal Aid / LawHelp.org – Free or low-cost legal support for renters facing eviction, housing issues, or lease disputes.
• Official South Carolina Judicial Branch Forms – Download forms for court, complaints, and notices.

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1. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
2. South Carolina Magistrate Court system for landlord-tenant disputes
3. Official rent and eviction forms provided by the South Carolina Judicial Branch

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