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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 South Carolina Landlord Tenant Act Covers
The SC Landlord Tenant Act, governs the landlord tenant relationship between tenants and landlords in South Carolina and covers residential rental properties in the state, including single-family homes, duplexes, and apartments.
However, the Act applies to almost all residential rentals, including oral agreements, but it does not cover living arrangements such as 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 unit belongs so that they can avoid misclassification that can result in unenforceable lease or rental agreement 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 or Rental Agreement 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, because the Act controls many landlord tenant matters involving notices, disclosures, and service of 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 unit, 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 or rental agreement, it can result in counterclaims, tenant defenses, and other legal remedies; for repair issues or other statutory breaches, tenants should first give the landlord written notice before pursuing further action.
Security Deposits, Security Deposit Limit, and Prepaid Rents
Under South Carolina landlord tenant laws, there is no cap for security deposits, and landlords can charge any amount for security deposits, though there is a strict policy governing returns.
Landlords must return the security deposit or provide an itemized statement of deductions and return the balance within 30 days after tenancy termination, so tenants should leave a forwarding address to receive the refund promptly.
Treble damages (three times the amount) and reasonable attorney's fees may be charged if a landlord wrongfully withholds a security deposit, and tenants may recover three times any amount wrongfully withheld.
If a landlord rents more than four adjoining dwelling units and uses different deposit standards, those standards must be disclosed to each potential renter in writing or posted openly.
Disputes over wrongfully withheld deposits or similar lower-dollar claims are often brought as small claims lawsuits in Magistrates Court.
We advise that landlords should perform thoroughly documented move-in and move-out assessments.
They should also keep records of repairs and invoices, and communicate professionally in writing with timelines, especially when deductions involve unpaid rent.
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 or rental 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 unit safe and clean and comply with applicable building and housing codes. That means renters must dispose of waste properly and use appliances responsibly.
Additionally, they are not allowed to unreasonably withhold the tenant's consent for the landlord to access the premises, although tenants have the right to privacy and proper notice before entry.
Reasons for entry may include inspection, repairs, supply services, or showing the unit to prospective or actual renters, mortgagees, tenants, work people, or contractors.
Under South Carolina rules, it is expected that tenants should allow access to the premises at reasonable times when the landlord gives notice, except during an emergency, including for entry involving renters.
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Landlord Duties and Responsibilities
Under the South Carolina Residential Landlord-Tenant Act, the landlord must provide essential services and keep the property fit and livable by doing the following:
Ensure that the rental unit is in fit and habitable condition, giving tenants the right to a safe and sanitary home and a fit and livable rental unit
Maintain every HVAC, gas, electrical, plumbing, sanitary, and other appliances or facilities, including reasonable heat and electricity, in safe and good working condition
Keep the building in compliance with applicable building and housing codes
Ensure the availability of running water and reasonable amounts of hot water on the premises
Keep common spaces safe and clean when the property has more than four units
Landlords can not waive these responsibilities.
Although landlords and tenants can agree in limited single-family rental situations to let the tenant perform some maintenance and repairs, the landlord still can not waive health, safety, or essential-service duties.
Nonpayment of Rent
In South Carolina, there is a specific five-day grace period for nonpayment. Landlords must follow strict legal procedures before they can begin eviction proceedings 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 pursue formal eviction proceedings if the tenant fails to comply after the written notice and five-day grace period.
If the lease or rental agreement includes this statutory clause, then the landlord is not required to send a separate five-day written notice for nonpayment before commencing eviction procedures. Tenants may defend eviction proceedings by showing the rent was paid or that the notice requirements were not met.
Landlords should add this clause to the lease term or rental agreement using precise language prior to the notice.
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 belongings on a public right-of-way 48 hours after eviction (excluding weekends and public holidays)
Self-help eviction methods are illegal in South Carolina, so a landlord cannot lock out a tenant, cut utilities, or remove belongings without court process. If that happens, that means the landlord unlawfully removes the tenant, and a tenant may claim an illegal eviction, recover possession, and recover three months' rent.
For other breaches, if a tenant violates the rental agreement in a curable way, the landlord announces and gives 14 days' notice before moving forward, and the same framework can apply to conduct involving illegal activities when covered by statute.
A tenant may also defend the case by showing they gave written notice of material violations at least 14 days before rent was due and sought to withhold rent, and retaliation is a defense because landlords cannot retaliate for exercising legal rights.
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Final Thoughts
There are some common areas that cause legal issues between landlords and tenants.
In a month to month tenancy, either the landlord or the tenant may terminate without cause by giving at least 30 days' written notice.
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.
