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Key Takeaways
- The South Carolina Residential Landlord and Tenant Act regulates all aspects of rentals, from leases to evictions.
- Landlords must follow disclosure, maintenance, and deposit rules to avoid costly legal issues.
- Clear records and compliance with state and fair housing laws help prevent disputes and protect investments.
In South Carolina, the rental market is strictly regulated by the South Carolina Residential Landlord and Tenant Act (SCRLTA), codified at Title 27, Chapter 40 of the South Carolina Code of Laws.
This statute is compact.
However, it includes all the stages in the life cycle of tenants (from advertisement and application up to move-outs and how security deposits are handled).
In this article by Tide Property Management, we will discuss the major duties of the Act and its remedies, highlight common mistakes that landlords make, and explain how you can avoid them.
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Emphasis will be placed on areas that strictly require precision and documentation.
It is essential to review recent codes or consult your legal adviser whenever you have doubts because statutes and local procedures continue to evolve.
What and Who the Act Covers
The South Carolina Residential Landlord and Tenant Act covers residential rental properties in South Carolina, including single-family homes, duplexes, and apartments.
However, it does not cover living arrangements, including motels, hotels, residence at a sorority or fraternity house, institutional housing, or occupancy by an employee (conditional upon employment).
Landlords need to know where their property belongs so that they can avoid misclassification that can result in unenforceable lease terms or mistaken notices.
Like federal Fair Housing requirements, South Carolina laws protect against discrimination based on disability, color, family status, gender, religion, race, or color.
As such, all marketing, screening, and leasing should follow state and federal fair housing laws.
Required Disclosures and Lease Essentials
Before any tenant moves in, the landlord, property manager, or agent needs to disclose in writing the name and address of the owner or authorized person responsible for collecting demands, notices, and legal papers.
This information should be updated as necessary if there is a change in ownership or manager. If the landlord fails to do this, the signer becomes the owner's agent (according to the law).
Clauses that waive the tenant’s rights or remedies under the Act, the landlord’s duty to maintain the property, or mandate the tenant to pay for the landlord’s legal fees (irrespective of the fault) are all void according to South Carolina housing law.
If landlords include prohibited items in the lease, it can result in counterclaims and tenant defenses.
Security Deposits and Prepaid Rents
In South Carolina, there is no cap for security deposits. However, there is a strict policy to regulate their returns.
Landlords must return the security deposit or provide an itemized statement of deductions and return the balance within 30 days after tenancy termination.
Treble damages (three times the amount) and reasonable legal fees may be charged if a landlord wrongfully withholds a security deposit.
Landlords who rent out more than four units and use different deposit standards must provide each potential renter with a written statement of standards or post the standards openly.
We advise that landlords should perform thoroughly documented move-in and move-out assessments.
They should also keep records of repair receipts and invoices, and communicate professionally in writing with timelines.
Rents and Late Fees
South Carolina law does not impose state-wide rent control or cap late fees.
However, any late charges should be reasonable (compared to the administrative costs) and well stated in the lease agreement.
If any legal issue arises from this, the court will assess the purpose of such fees and the proportionality.
For that reason, it is better to align each fee with the actual administrative cost and keep it transparent or simple.
Since the state law does not have a numeric cap, your approach should involve reasonableness standards and best practices.
Tenant Duties and Responsibilities
It is the tenant’s responsibility to keep the rental property safe and clean. That means renters must dispose of waste properly and use appliances responsibly.
Additionally, they are not allowed to unreasonably withhold consent for the landlord to access the premises.
Reasons for entry may include inspection, repairs, supply services, or show the property to potential contractors, tenants, or buyers.
It is expected that tenants should allow access to the premises when the landlord gives reasonable notice to visit at reasonable times, except during an emergency.
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Landlord Duties and Responsibilities
According to South Carolina law, the landlord must
Ensure that the rental property is fit and habitable by performing all the necessary repairs
Maintain every HVAC, gas, electrical, plumbing, sanitary, and other appliances or facilities in safe and good working condition
Keep the building in compliance with the applicable building and housing codes
Ensure the availability of running water (hot and cold) at all times
Keep common spaces safe and clean (in buildings with more than four units)
Landlords can not waive these responsibilities.
Although landlords and tenants can agree on some maintenance duties in single-family rentals, they can not abscond from health and safety duties or essential services.
Nonpayment of Rent
In South Carolina, there is a specific five-day grace period for nonpayment.
If a tenant fails to pay rent when due, the landlord will give the tenant a written notice of nonpayment and a five-day grace period.
The landlord can terminate the lease if the tenant fails to comply after the written notice and five-day grace period.
If the lease agreement includes this statutory clause, then the landlord is not required to send a separate five-day notice for nonpayment before commencing eviction procedures.
Landlords should add this clause to the lease agreement using precise language.
Eviction Process and Timing
For residential evictions, South Carolina uses the magistrate court. For a nonpayment, the pathway is:
Five days notice
Serve the tenant Rule to Show Cause filed in the magistrate's court
Hearing and order of ejectment
Writ of ejectment
Local officials will remove personal property on a public right-of-way 48 hours after eviction (excluding weekends and public holidays)
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Final Thoughts
There are some common areas that cause legal issues between landlords and tenants.
These include improper notices, ambiguous fee schedules, maintenance obligations in single-family rentals, entry disputes, and security deposit timing.
We always advise that you ensure that your practices align with local ordinances and have a model checklist.
Where necessary, hire the professional services like Tide Property Management to ensure meticulous paperwork, prompt communication, and strict adherence to South Carolina laws.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
