South Carolina Landlord-Tenant Laws: Guide for Owners

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The South Carolina Residential Landlord and Tenant Act (SCRLTA), effective July 8, 1986, strictly governs the relationship between landlords and tenants in the state. South Carolina is generally considered a landlord-friendly state due to its flexible late fee regulations and relatively straightforward eviction process. However, landlords must meticulously follow notice requirements and maintain properties to legal habitability standards.

Key South Carolina Rental Laws at a Glance

Security Deposits

South Carolina law defines a security deposit as a monetary deposit from the tenant to the landlord which is held in trust by the landlord to secure the full and faithful performance of the terms and conditions of the lease agreement. The statute does not explicitly state a maximum limit on the amount a landlord can charge for a security deposit.

Landlords must return the deposit, minus any lawful deductions, within 30 days of the termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. An itemized written statement must explain any deductions made for unpaid rent or damage exceeding normal wear and tear.

For more detail, see our Security DepositsPreview unavailable deep dive.

Eviction Procedures

South Carolina expressly prohibits "self-help" evictions (e.g., changing locks, shutting off utilities). All evictions must be properly processed through the Magistrate's Court.

Non-Payment of Rent

Landlords can provide a 5-day notice to pay or quit if rent is not received on the due date. The eviction process can only begin if the tenant fails to pay within these five days. To streamline this process, landlords often include a waiver in the lease agreement that legally counts as this notice.

Lease Violations

For violations of the lease or legal obligations (e.g., unauthorized pets, excessive noise), landlords generally issue a 14-day notice to comply or quit. If the tenant remedies the condition within 14 days, the eviction cannot proceed.

For more detail, see our Eviction ProcessPreview unavailable guide.

Rent Increases

The South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40) does not contain provisions regarding statewide rent control or the prohibition of local municipalities from creating their own rent control laws.

For month-to-month tenancies, landlords must provide a 30-day written notice before raising the rent. In standard, fixed-term leases, landlords must wait until the lease expires to raise the rent, unless the lease agreement contains a specific provision allowing mid-lease increases.

For more detail, see our Rent IncreasesPreview unavailable guide.

Required Disclosures

Under the SCRLTA, landlords must disclose specific information to tenants in writing prior to the commencement of the tenancy:

1. Owner/Agent Identification: The name and address of the property owner or the individual authorized to act on their behalf to manage the premises, receive notices, and demands.
2. Security Deposit Calculation Method: If the landlord manages more than four adjacent units and calculate security deposits differently for different tenants, the calculation method must be disclosed prior to renting.
3. Lead-Based Paint: A federal mandate requires a disclosure of any known lead-based paint and a safety pamphlet for any residential structure built before 1978.

For more detail, see our Required DisclosuresPreview unavailable guide.

Maintenance and Habitability

South Carolina law implies a warranty of habitability in all residential leases, obligating the landlord to "make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition."

Landlords are specifically responsible for:

• Complying with building and housing codes materially affecting health and safety.
• Keeping common areas reasonably safe and (for properties with 4+ units) clean.
• Maintaining all supplied electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems.
• Supplying running water, reasonable amounts of hot water, and heat (with certain exceptions).

Tenants must give the landlord written notice of a defect. Landlords have 14 days to address the issue, unless it is an emergency that necessitates immediate action.

For more detail, see our Maintenance ObligationsPreview unavailable guide.

Late Fees

S.C. Code Ann. § 27-40-210(11) defines "rent" to include late charges, whether payable in a lump sum or periodic payments, excluding security deposits or other charges. The statute does not explicitly state a maximum statutory limit on late fees. South Carolina also does not mandate a rent grace period.

For more detail, see our Late FeesPreview unavailable guide.

Best Practices for Landlords in South Carolina

• Document the Deposit Return: Always provide an itemized list of deductions within 30 days to mitigate the risk of tenant lawsuits and 3x penalty damages.
• Incorporate the 5-Day Notice: Streamline evictions by explicitly including the required 5-day notice language for non-payment of rent directly inside your standard lease agreement.
• Respect Entry Notice: Provide the mandatory 24 hours of written notice before entering the property for non-emergency repairs to avoid harassment claims.

Getting Started with Compliance

Navigating the nuances of the SCRLTA requires careful attention to detail. Landager's property management software assists South Carolina landlords with automated rent collection, digital lease tracking, maintenance requests, and compliance reminders, ultimately protecting your operational health.

Explore more South Carolina compliance topics:

• Security DepositsPreview unavailable
• Eviction ProcessPreview unavailable
• Required DisclosuresPreview unavailable
• Rent IncreasesPreview unavailable
• Lease RequirementsPreview unavailable
• Maintenance ObligationsPreview unavailable
• Late FeesPreview unavailable