Landlord Guide to Renting in South Carolina

South Carolina permits both oral and written rental agreements. Under the Statute of Frauds (S.C. Code Ann. § 32-3-10), leases for a term exceeding one year must be in writing. Written leases are strongly recommended. The Residential Landlord and Tenant Act applies to all residential rental agreements, whether written or oral.

• Oral leases are enforceable for terms of one year or less; longer-term leases must be in writing (S.C. Code Ann. § 32-3-10)
• The lease should specify rent amount, due date, security deposit, lease term, and maintenance responsibilities
• Lease provisions that waive tenant rights under the Residential Landlord and Tenant Act are unenforceable (S.C. Code Ann. § 27-40-20)
• Month-to-month tenancies arise when no fixed term is specified or upon expiration of a fixed-term lease without renewal

South Carolina does not impose a statutory cap on security deposits. The handling and return of deposits is governed by S.C. Code Ann. § 27-40-410. Landlords are not required to hold the deposit in a separate account or pay interest, but the deposit must be returned in accordance with statutory timelines.

• No statutory maximum on security deposit amount, though typical deposits are one to two months' rent
• No requirement to hold the deposit in a separate or escrow account
• No requirement to pay interest on the security deposit
• The landlord should document the condition of the premises at move-in; a written inventory checklist is strongly recommended

South Carolina landlords must provide certain disclosures before or at the commencement of a tenancy. These include both federal and state-specific requirements.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Disclosure of the identity and address of the owner and any person authorized to manage the premises or act as the owner's agent (S.C. Code Ann. § 27-40-420)
• Disclosure of any conditions on the premises that may affect the health or safety of the tenant, if known to the landlord
• Move-in condition checklist: while not statutory, it is strongly recommended and commonly included as part of the lease

Rent is due on the date specified in the rental agreement. South Carolina provides a statutory grace period before a landlord may charge a late fee. Late fees are permitted if they are specified in the lease agreement.

• Rent is due on the date stated in the rental agreement
• A 5-day grace period is required; late fees may not be charged until 5 days after the due date (S.C. Code Ann. § 27-40-310(c))
• Late fees must be reasonable and specified in the lease; they generally may not exceed 15% of the periodic rent or a reasonable flat fee
• Landlords must provide receipts for rent payments upon request

South Carolina landlords must maintain the premises in a habitable condition under the Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-440). The Act codifies the implied warranty of habitability and outlines specific landlord obligations.

• Comply with all applicable building and housing codes materially affecting health and safety (S.C. Code Ann. § 27-40-440(a)(1))
• Make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition (S.C. Code Ann. § 27-40-440(a)(2))
• Keep all common areas in a clean and safe condition (S.C. Code Ann. § 27-40-440(a)(3))
• Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied by the landlord (S.C. Code Ann. § 27-40-440(a)(4))

South Carolina requires landlords to give at least 24 hours' notice before entering a tenant's dwelling unit for non-emergency purposes. Entry must be at reasonable times and for lawful purposes (S.C. Code Ann. § 27-40-530).

• At least 24 hours' notice is required for non-emergency entry (S.C. Code Ann. § 27-40-530(c))
• Entry must be at reasonable times
• Permitted purposes include inspections, repairs, showings to prospective tenants or buyers, and agreed-upon services
• Emergency entry is permitted without notice when there is an imminent threat to health, safety, or property

South Carolina does not have rent control. Landlords may increase rent freely, subject to the terms of the rental agreement and anti-retaliation protections under S.C. Code Ann. § 27-40-910.

• No statewide or local rent control exists in South Carolina
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies, at least 30 days' written notice is required before a rent increase takes effect
• Retaliatory rent increases after a tenant exercises legal rights such as reporting code violations are prohibited (S.C. Code Ann. § 27-40-910)

South Carolina requires written notice to terminate periodic tenancies. The required notice periods depend on the type of tenancy and are set out in the Residential Landlord and Tenant Act and the general landlord-tenant statutes.

• Month-to-month tenancy: 30 days' written notice (S.C. Code Ann. § 27-40-770(b))
• Week-to-week tenancy: 7 days' written notice
• Nonpayment of rent: landlord must give a 5-day written notice to pay or vacate (S.C. Code Ann. § 27-40-710(b))
• Fixed-term leases end automatically at the stated expiration date without additional notice unless the lease requires otherwise

Evictions in South Carolina are governed by the Residential Landlord and Tenant Act and are filed as ejectment actions in the magistrate court. Landlords must follow proper legal procedures, and only a court-ordered eviction is lawful.

• Serve the required notice (5-day notice for nonpayment or 30-day notice for termination of month-to-month tenancy)
• If the tenant does not comply, file a Rule to Vacate (ejectment) action in the magistrate court (S.C. Code Ann. § 27-40-710)
• The court schedules a hearing; the tenant may appear and present defenses
• If the court rules in the landlord's favor, a writ of ejectment is issued and enforced by the sheriff or constable

Under S.C. Code Ann. § 27-40-410, the landlord must return the security deposit within 30 days after the tenant vacates and provides a forwarding address. An itemized statement of deductions must be included if any amount is withheld.

• Return deadline: within 30 days after the tenant vacates and the landlord receives the new mailing address (S.C. Code Ann. § 27-40-410(1))
• An itemized written statement of deductions must accompany any withheld portion of the deposit
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, cleaning charges, and other costs allowed under the lease
• If the landlord wrongfully withholds the deposit or fails to provide an itemized statement, the tenant may recover up to three times the amount wrongfully withheld plus attorneys' fees (S.C. Code Ann. § 27-40-410(2))