Question 1

How much can a landlord charge for a security deposit in South Carolina?

Accepted Answer

No maximum. The governing section regulates return and itemization of deposits but sets no cap on the amount.

Question 2

How long does a landlord have to return a security deposit in South Carolina?

Accepted Answer

Itemized deductions and any refund are due within 30 days after the tenancy ends, possession is delivered and the tenant makes a demand, whichever is later.

Question 3

How much notice does a landlord have to give before entering a rental in South Carolina?

Accepted Answer

At least 24 hours' notice, entry at reasonable times (exceptions for emergencies and certain scheduled or tenant-requested services).

Question 4

How much notice does a landlord need to give to raise the rent in South Carolina?

Accepted Answer

South Carolina's landlord-tenant law (S.C. Code tit. 27, ch. 40 (Residential Landlord and Tenant Act), reviewed by full-text search on 2026-10-15) sets no notice period for rent increases; the lease terms control.

Question 5

Can a landlord charge a late fee in South Carolina, and how much?

Accepted Answer

South Carolina's landlord-tenant law (S.C. Code tit. 27, ch. 40 (Residential Landlord and Tenant Act), reviewed by full-text search on 2026-10-15) sets no late-fee cap (late charges are simply counted as rent, § 27-40-210); the lease terms control.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in South Carolina?

Accepted Answer

If rent isn't paid within 5 days of the due date, the landlord may terminate after giving written notice of nonpayment and intent to terminate.

Question 7

Can cities in South Carolina pass rent control?

Accepted Answer

Yes. Counties and cities may not enact or enforce any ordinance regulating the amount of rent for private residential property.

Question 8

How much notice is needed to end a month-to-month tenancy in South Carolina?

Accepted Answer

Either party may end a month-to-month tenancy with written notice at least 30 days before the termination date. Week-to-week tenancies need 7 days' notice.

Question 9

Does a landlord have to pay interest on a security deposit in South Carolina?

Accepted Answer

S.C. Code ch. 27-40 (reviewed by full-text search on 2026-10-15) does not require interest on security deposits or a separate account. It requires an itemized return within 30 days.

Question 10

Is a move-in or move-out inspection checklist required in South Carolina?

Accepted Answer

S.C. Code ch. 27-40 (reviewed by full-text search on 2026-10-15) requires no move-in or move-out inspection or checklist.

Question 11

Is landlord retaliation illegal in South Carolina?

Accepted Answer

A landlord may not raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code-enforcement agency about a health or safety violation or complained to the landlord about a violation of the Act. Exceptions: the landlord may still sue for possession if the tenant mainly caused the code violation, materially breached, or repairs would require major alteration or demolition, and a landlord of more than four adjoining units may raise rent uniformly (27-40-910(c)-(e)). A tenant who will raise retaliation as a defense must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause (910(f)).

Question 12

Can a landlord change the locks or shut off utilities in South Carolina?

Accepted Answer

If a landlord unlawfully removes or excludes the tenant, or willfully interrupts essential services, the tenant may recover possession or end the lease. In either case the tenant can recover three months' rent or twice actual damages, whichever is greater, plus attorney's fees.

Question 13

What can a tenant do if the landlord won't make repairs in South Carolina?

Accepted Answer

For a material noncompliance, the tenant may give written notice and end the lease if it is not fixed within 14 days, or sue for damages and an injunction. If essential services are not supplied, the tenant may buy them and deduct the cost from rent. The Act states that tenants may not make repairs and deduct the cost from rent.

Question 14

What disclosures must a landlord give tenants in South Carolina?

Accepted Answer

At or before move-in, the landlord must disclose in writing the name and address of the owner or of the owner's agent for service of process and notices.

Question 15

What can a landlord do with property a tenant leaves behind in South Carolina?

Accepted Answer

A tenant who is absent without explanation for 15 days after defaulting on rent is treated as having abandoned the unit. If utilities were shut off, abandonment is immediate. Leftover property worth $500 or less may be disposed of. Other property must be removed under ch. 27-37 procedures.

Question 16

Can a tenant break a lease early for domestic violence or military service in South Carolina?

Accepted Answer

A protected tenant (a victim of documented domestic abuse or violence by a co-leaseholder) may end future lease obligations within 60 days of the incident without early-termination fees, by written notice effective at least 30 days after the landlord receives it (S.C. Code 27-40-350, 27-40-210(19)-(20), added by 2026 Act 184, eff. May 18, 2026). Military tenants rely on the federal SCRA and S.C. Code 25-1-4020 to -4040; ch. 27-40 adds no separate military right.

Question 17

Is there a grace period before a late fee can be charged in South Carolina?

Accepted Answer

S.C. Code ch. 27-40 (reviewed by full-text search on 2026-10-15) sets no late-fee grace period or cap. The landlord can terminate for nonpayment only if rent stays unpaid for 5 days after the due date, with written notice (which can be given once, in the lease).

Question 18

How much can a landlord charge for a rental application fee in South Carolina?

Accepted Answer

A search of the full text of S.C. Code ch. 27-40, the landlord-tenant statute, found no application-fee limit.

Question 19

How does the eviction court process work in South Carolina?

Accepted Answer

The magistrate issues a rule requiring the tenant to vacate or show cause within 10 days of service why they shouldn't be ejected.

Question 20

Can a tenant fix something and deduct it from rent in South Carolina?

Accepted Answer

Tenants may buy essential services the landlord negligently or willfully fails to provide and deduct their cost after written notice. The statute says it does not authorize tenants to make repairs and deduct the cost.

Question 21

What happens if a tenant stays after the lease ends in South Carolina?

Accepted Answer

If a tenant stays without consent after the lease ends, the landlord may sue for possession, plus attorney fees for a bad-faith holdover. For a willful holdover, the landlord may also recover the greater of up to 3 months' rent or twice actual damages.

Question 22

Does a landlord have to give notice before not renewing a lease in South Carolina?

Accepted Answer

A search of the full text of S.C. Code ch. 27-40 found no notice requirement for ending a fixed-term lease at its end. A landlord may not retaliate by raising rent above fair-market value, cutting essential services, or suing for possession (27-40-910).

Question 23

Can a landlord refuse Section 8 or other source of income in South Carolina?

Accepted Answer

South Carolina's Fair Housing Law bars refusing to rent or setting different terms because of race, color, religion, sex, familial status or national origin (handicap is covered separately). Source of income is not a protected class. Check local ordinances.

Question 24

Can a tenant withhold rent for repairs in South Carolina?

Accepted Answer

In an eviction for nonpayment, the tenant can raise the landlord's noncompliance as a defense or counterclaim, but notice rules apply (for non-essential services the landlord must have had notice 14 days before rent was due). When the tenant raises such defenses, the tenant must keep paying rent as it comes due, and the court can set it at fair-market rental value. There's no rent escrow program.

Question 25

Can a tenant sublet an apartment in South Carolina?

Accepted Answer

A search of the full text of the South Carolina Residential Landlord and Tenant Act (§§ 27-40-10 to 27-40-940) found no rule on subletting or assignment. The lease controls.

Question 26

What happens to the lease when a tenant dies in South Carolina?

Accepted Answer

A search of the full text of the South Carolina Residential Landlord and Tenant Act (§§ 27-40-10 to 27-40-940) found no rule on ending a lease or handling property when a tenant dies. The lease and general probate law control.

Question 27

What is the deposit bank holding / separate account rule in South Carolina?

Accepted Answer

A search of the full text of the South Carolina Residential Landlord and Tenant Act (§§ 27-40-10 to 27-40-940) found no requirement to keep security deposits in a separate or trust account. Deposit return rules are in § 27-40-410.

Question 28

What is the eviction notices for other grounds (lease violation, no-fault) rule in South Carolina?

Accepted Answer

For a lease violation other than nonpayment (or a violation of tenant duties affecting health, safety or the property), the landlord's written notice must say the lease ends at least 14 days after receipt if the breach isn't remedied within 14 days.

Question 29

What is the right to cure / redeem rule in South Carolina?

Accepted Answer

The lease doesn't end for a fixable violation if the tenant remedies it before the notice date, or if the fix can't be finished in 14 days but is started within that time and pursued in good faith to completion within a reasonable time.

Question 30

What is the pet deposits/fees & service/esa animals rule in South Carolina?

Accepted Answer

A search of the full text of S.C. Code ch. 27-40 found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.

Question 31

What is the tenant relocation assistance rule in South Carolina?

Accepted Answer

A search of the full text of S.C. Code ch. 27-40 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Question 32

What is the rent receipts, payment methods & cash rule in South Carolina?

Accepted Answer

S.C. Code ch. 27-40 has no general rule requiring or banning any payment method or limiting payment fees. One receipt rule applies: once an eviction case is filed and the tenant raises defenses or counterclaims, the landlord must give a written receipt for each rent payment unless the tenant pays by check (§ 27-40-790(a)). Unless otherwise agreed, rent is due at the time and place the parties agreed.

Question 33

What is the eviction record sealing rule in South Carolina?

Accepted Answer

A search of the full text of S.C. Code ch. 27-37 (ejectment of tenants) found no provision for sealing or expunging eviction records.

Question 34

What is the condo conversion protections rule in South Carolina?

Accepted Answer

Within 30 days after recording the master deed, the owner must give each tenant disclosures, a conversion notice and an offer to sell the unit. The tenant doesn't have to move until the lease ends or 120 days after notice (90 days if under 60), whichever is longer, and has 60 days to accept the offer.

Question 35

What is the manufactured / mobile home parks rule in South Carolina?

Accepted Answer

Under the Manufactured Home Park Tenancy Act, a park may evict for the listed reasons, including rent unpaid five days after the due date, a rule violation not fixed within 14 days of written notice, or any other reason sufficient under common law. Residents continuing past the original term must get at least 30 days' notice of a new rent. Code text: "a resident must be given notice by the owner at least thirty days in advance of the effective date of a new rental rate."

Question 36

What is the military lease termination (federal scra, all states) rule in South Carolina?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 37

Does a landlord have to provide smoke and carbon monoxide detectors in South Carolina?

Accepted Answer

South Carolina requires approved, working smoke detectors in one- and two-family rental dwellings (including manufactured housing). The owner must supply and install them and give the tenant operating instructions. Newer or heavily remodeled dwellings need hardwired detectors; older ones may use batteries. Statute text: "One-family and two-family dwellings, including manufactured housing, must be equipped with approved and properly functioning smoke detectors installed in accordance with National Fire Protection Association (NFPA) Standard 72E, 1990 Edition, and with NFPA Standard 74, 1989 Edition; provided, however, that the various requirements of this article apply only to dwellings and housing which are rental dwellings and housing" (S.C. Code § 5-25-1310; § 5-25-1330).

Question 38

What is the rental / transient occupancy tax rule in South Carolina?

Accepted Answer

South Carolina imposes a 7% sales tax on transient lodging (hotels, motels, campgrounds and similar places that sleep transients). Small owner-occupied places with fewer than six sleeping rooms on the same premises are excluded. Statute text: "seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration" (S.C. Code § 12-36-920).

Question 39

What is the guest & occupancy limits rule in South Carolina?

Accepted Answer

The state landlord-tenant statute (S.C. Code ch. 27-40 (Residential Landlord and Tenant Act), reviewed by full-text search on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.

Question 40

Can a landlord deny a tenant for criminal or credit history in South Carolina?

Accepted Answer

South Carolina's Residential Landlord and Tenant Act (S.C. Code Ann. tit. 27, ch. 40, reviewed by full-text search on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.

Question 41

What is the property manager licensing rule in South Carolina?

Accepted Answer

South Carolina has a separate property manager license. A property manager negotiates rentals or leases for others for compensation, and it is unlawful to act as one without an active license from the Real Estate Commission. Statute text: "It is unlawful for an individual to act as a real estate broker, real estate associate, or real estate property manager or to advertise or provide services as such without an active, valid license issued by the commission" (S.C. Code Ann. §§ 40-57-20, 40-57-30).

Question 42

How much does it cost to file an eviction in South Carolina?

Accepted Answer

$20 magistrate fee. South Carolina magistrates charge $20 for landlord proceedings against a tenant, including notices to quit, eviction orders or recovery of rent, plus $5 and mileage for each paper served by the magistrate's office. These are the only legal fees for magistrate and constable services statewide. Statute text: "for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, twenty dollars" (S.C. Code Ann. §§ 8-21-1010(A)(9), 8-21-1060(4), 8-21-1080). From January 1, 2027 (2026 Act No. 155), the 8-21-1010(A)(9) landlord proceedings fee is $40 and the 8-21-1060(4) magistrate service fee is $20 (noted 2026-10-23).

Question 43

Does a landlord need just cause to evict in South Carolina?

Accepted Answer

The state landlord-tenant statute (S.C. Code ch. 27-40 (Residential Landlord and Tenant Act), reviewed by full-text search on 2026-10-17: full-text search for "just cause," "good cause," "for cause" and "without cause") has no general just-cause (good-cause) requirement for ending a tenancy. Local ordinances or other state or federal laws may still apply.

Question 44

What is the tenant buyout disclosures rule in South Carolina?

Accepted Answer

The state landlord-tenant statute (S.C. Code ch. 27-40 (Residential Landlord and Tenant Act), reviewed by full-text search on 2026-10-17: full-text search for "buyout" and payments to vacate) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.

Question 45

What federal protections does a tenant have after foreclosure in South Carolina?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 46

What is the domestic violence early termination rule in South Carolina?

Accepted Answer

A tenant who is a victim of documented domestic abuse or violence by a co-leaseholder may end the lease within 60 days of the incident with written notice, effective at least 30 days after the landlord gets it, without early termination fees. The notice must include a restraining order, order of protection or conviction record. In effect since May 18, 2026 (2026 Act No. 184). The landlord need not return any security deposit until the end of the lease, and may not retaliate against the tenant for the early termination (27-40-350(A), (E)).

Question 47

Does South Carolina have rent control?

Accepted Answer

South Carolina bars counties and municipalities from enacting, keeping or enforcing any ordinance that regulates the amount of rent on privately owned residential or commercial rental property. There is no statewide rent control.

Question 48

What is the warranty of habitability in South Carolina?

Accepted Answer

The landlord must comply with building and housing codes materially affecting health and safety and make all repairs needed to keep the premises fit and habitable.

Question 49

What disclosures must a landlord give in South Carolina?

Accepted Answer

At or before the start of the tenancy, the landlord must disclose in writing the name and address of an owner or authorized agent for service of process and notices.

Question 50

What is the scra / military lease termination rule in South Carolina?

Accepted Answer

South Carolina's SCRA article extends the federal Servicemembers Civil Relief Act protections, including the federal lease termination right (50 U.S.C. 3955), to South Carolina National Guard members called to state active duty for more than 30 consecutive days (S.C. Code 25-1-4020, 25-1-4030(2)). For that state duty, the landlord is not subject to the article's remedies unless the servicemember gives a written or electronic copy of the orders (25-1-4040).

Question 51

What rights does a tenant have after foreclosure in South Carolina?

Accepted Answer

No state statute protecting tenants after foreclosure was found in S.C. Code chapter 27-40.

Question 52

Do landlords need a rental license or registration in South Carolina?

Accepted Answer

No state statute requiring rental registration was found in S.C. Code chapter 27-40.

Question 53

Can the city inspect my rental property in South Carolina?

Accepted Answer

No state statute creating a rental inspection program was found in S.C. Code chapter 27-40.

Question 54

What are the Airbnb / short-term rental rules in South Carolina?

Accepted Answer

South Carolina's Vacation Rental Act covers rentals of residential property for fewer than 90 days handled by a rental management company or others in the vacation rental business. A written vacation rental agreement is required, and money received from the tenant must go into a trust account. Weekly or monthly rentals under the Residential Landlord and Tenant Act are excluded. Local short-term rental ordinances were not searched.

South Carolina landlord-tenant law FAQ