When Can South Carolina Landlords Pass Costs to Renters?
If you’re renting in South Carolina, you may wonder whether your landlord can raise your rent to cover certain costs—like property tax increases or repairs. Understanding your rights about pass-through costs and when rent increases are allowed is essential for protecting your home and budget. This guide explains South Carolina’s laws on rent hikes and pass-through costs, using only the latest state resources.
Does South Carolina Have Rent Control or Rent Stabilization?
South Carolina does not have any statewide rent control or rent stabilization laws. This means:
- Landlords can generally set and raise rents as they wish, unless a lease or local law states otherwise.
- There are no legal limits on how much or how often rent can be increased, after a lease ends or in month-to-month agreements.
- Municipalities are also prohibited from enacting rent control under South Carolina Code of Laws Section 5-40-40.1
Still, your landlord must follow state notice rules and honor all lease terms when raising your rent.
What Are Pass-Through Costs?
"Pass-through costs" are charges that a landlord asks tenants to pay—either directly or through higher rent—for property-related expenses, such as:
- Increased property taxes
- Special assessments or local fees
- Major repairs or improvements
- Utility or service increases
In some states, rent control laws place restrictions on these costs, but in South Carolina, there are no special rules limiting pass-through fees unless they're addressed in your lease.
When Can a Landlord Raise the Rent in South Carolina?
Landlords may increase the rent or add new costs:
- Only after the lease term ends if you have a fixed-term lease (like one year).
- By giving proper written notice if you have a month-to-month or periodic rental agreement.
Notice Requirement: South Carolina law requires landlords to provide written notice at least thirty (30) days before the effective date of a rent increase in month-to-month or periodic leases. This is covered under the South Carolina Residential Landlord and Tenant Act, Section 27-40-770.2
Example: Pass-Through Cost Increase
If a landlord wishes to increase the rent due to rising property taxes or another pass-through expense:
- They must wait until your current lease ends (for fixed-term leases), or
- Provide at least 30 days’ written notice for periodic leases before the increase takes effect
There is no legal cap on the amount, but your landlord cannot demand more rent in the middle of a fixed-term lease unless your lease specifically allows it.
Can My Lease Allow for Pass-Throughs?
Yes, your lease can set rules for pass-through costs. Review your rental agreement for terms such as:
- "Additional rent" or "surcharges" due to tax increases or upgrades
- Clauses allowing for extra utility reimbursements or special fees
If your lease is silent on pass-throughs, your landlord cannot add new costs during the lease term unless you agree in writing.
How Do I Dispute a Rent Increase or Pass-Through Charge?
Tenants who believe a rent increase is unlawful—such as violating the lease, not providing notice, or being retaliatory—should take action:
- Review your lease to confirm the terms
- Request written details from your landlord on the new charges
- Respond in writing if you disagree or wish to negotiate
- Seek legal advice or contact South Carolina housing agencies if you suspect your rights are being violated
South Carolina does not have a dedicated residential tenancy board, but disputes can be filed in Magistrates Court. For more about this process, visit the South Carolina Magistrates Court.3
Commonly Used Forms for Renters in South Carolina
-
Notice of Rent Increase (no standard form number):
Purpose: Used by landlords to provide formal 30-day notice of changes to rent.
Example: If you receive a written notice (letter or email) stating your rent will increase next month, this is your landlord's legal notice. Retain a copy.
Read Section 27-40-770 of the South Carolina Residential Landlord and Tenant Act -
Complaint (Application for Ejectment) (SCCA/732):
Purpose: Used by landlords in Magistrate’s Court if they seek eviction after non-payment or lease violations following a rent dispute.
Example: If you receive a summons or complaint after refusing an illegal rent increase, you may respond in court.
Download the SCCA/732 Application for Ejectment
No official government form is required for a tenant to dispute a rent increase, but always communicate in writing and keep copies for your records.
FAQ: Pass-Through Costs & Rent Increases in South Carolina
- Can my landlord raise the rent whenever they want in South Carolina?
Landlords must wait for your lease to end or give written 30-day notice in a month-to-month tenancy. They cannot raise the rent in the middle of a fixed-term lease unless the lease says it's allowed. - Is there a cap on how much rent can be increased in South Carolina?
No, South Carolina law does not set any limit or cap on rent increases. - Can my landlord charge me extra for tax increases or upgrades?
Only if your lease allows for pass-throughs or additional charges. Otherwise, these cannot be added in the middle of a lease term. - What should I do if I think my rent increase is unlawful?
Respond in writing, review your lease, and contact the Magistrates Court or seek legal aid for advice. - Who handles disputes between tenants and landlords in South Carolina?
The South Carolina Magistrates Court oversees landlord-tenant disputes, including contested rent increases.
Key Takeaways for South Carolina Renters
- There is no rent control or stabilization: landlords can set rent and pass-through costs except where your lease says otherwise.
- Written 30-day notice is required for rent increases in most periodic leases.
- Review your lease carefully for any clauses about extra costs, and always dispute increases in writing.
Need Help? Resources for Renters in South Carolina
- South Carolina Residential Landlord and Tenant Act - Full Text
- South Carolina Magistrates Court - Landlord/Tenant Resources
- South Carolina Legal Services – Free or low-cost legal advice for qualifying renters
- South Carolina State Housing Finance and Development Authority
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