At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Landlords may set any amount |
| Rent control? | No | No statewide or local rent control |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 12 months | Shorter leases can be oral |
| Landlord entry notice? | 24 hours | Reasonable notice required |
Security Deposits
South Carolina does not impose a statutory limit on security deposits. Landlords may charge any amount they deem appropriate, though the amount should be reasonable in relation to the rental value.
Landlords must return the deposit within 30 days of the tenant vacating the unit and receiving the tenant's forwarding address. The return must include an itemized list of any deductions. If the landlord fails to return the deposit within 30 days, the landlord may forfeit the right to withhold any portion of the deposit.
Eviction Procedures
South Carolina requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 5-Day Notice: For nonpayment of rent (tenant has 5 days to pay or vacate)
- 14-Day Notice: For lease violations (tenant has 14 days to cure the violation or vacate)
For nonpayment of rent, the landlord must wait until rent is at least 5 days past due before serving the notice. If the tenant cures the violation within the notice period, the tenancy continues.
After the notice period expires, the landlord must file an action in magistrate's court to obtain a court order for eviction. The tenant will receive a hearing date and an opportunity to present their case.
cite: S.C. Code § 27-40-710–27-40-720
Rent Control
South Carolina does not have any rent control laws at the state or local level. Landlords may set and raise rents as they see fit, provided they comply with the terms of the lease and give proper notice for any increases.
There are no municipalities in South Carolina that have enacted local rent control ordinances. However, tenants are protected from rent increases that are retaliatory in nature.
Lease Agreements
South Carolina does not require a written lease for tenancies of 12 months or less. However, any lease for longer than 12 months must be in writing to be enforceable under the Statute of Frauds.
Required Disclosures
South Carolina landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Landlord identity: Name and address of the property owner and any authorized agent
- Move-in condition: Documentation of the condition of the unit at the beginning of the tenancy
- Uninsured property: Whether the landlord's insurance covers the tenant's personal property (it typically does not)
cite: S.C. Code § 27-40-410–27-40-420
Tenant Rights
South Carolina provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights (e.g., reporting code violations, requesting repairs)
- Discrimination protection: South Carolina fair housing laws prohibit discrimination based on race, religion, sex, disability, familial status, national origin, and other protected categories
- Right to privacy: Landlords must provide 24 hours' notice before entering a tenant's unit, except in emergencies
- Essential services: Landlords may not deliberately interrupt essential services such as water, electricity, or heat
- Right to remedies: Tenants may pursue remedies including termination of the lease if the landlord fails to maintain the property in habitable condition