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South Carolina landlord-tenant law FAQ

Last reviewed 2026-10-16

40 answers to common South Carolina landlord questions. Every answer is a verified fact with its official source and last-checked date.

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

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

Verified Source: S.C. Code § 27-40-410 · last checked 2026-10-15 · Full security deposit limit page

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

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.

Verified Source: S.C. Code § 27-40-410(a) · last checked 2026-10-15 · Full deposit return deadline page

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

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

Verified Source: S.C. Code § 27-40-530 · last checked 2026-10-15 · Full notice to enter page

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

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

Verified Source: S.C. Code tit. 27, ch. 40 (Residential Landlord and Tenant Act) · last checked 2026-10-15 · Full rent increase notice page

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

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

Verified Source: S.C. Code tit. 27, ch. 40 (Residential Landlord and Tenant Act) · last checked 2026-10-15 · Full late fees page

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

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.

Verified Source: S.C. Code § 27-40-710(B) · last checked 2026-10-15 · Full eviction notice (nonpayment) page

Can cities in South Carolina pass rent control?

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

Verified Source: S.C. Code § 27-39-60 · last checked 2026-10-15 · Full rent control / state preemption page

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

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.

Verified Source: S.C. Code § 27-40-770(a)–(b) · last checked 2026-10-15 · Full ending a month-to-month tenancy page

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

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

Verified Source: S.C. Code § 27-40-410 · last checked 2026-10-15 · Full interest on deposits page

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

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

Verified Source: S.C. Code ch. 27-40 · last checked 2026-10-15 · Full move-in/move-out checklist page

Is landlord retaliation illegal in South Carolina?

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.

Verified Source: S.C. Code § 27-40-910 · last checked 2026-10-15 · Full retaliation protections page

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

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.

Verified Source: S.C. Code § 27-40-660 · last checked 2026-10-15 · Full lockouts and utility shutoffs page

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

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.

Verified Source: S.C. Code §§ 27-40-610, 27-40-630 · last checked 2026-10-15 · Full repairs and habitability remedies page

What disclosures must a landlord give tenants in South Carolina?

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.

Verified Source: S.C. Code § 27-40-420 · last checked 2026-10-15 · Full required lease disclosures page

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

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.

Verified Source: S.C. Code § 27-40-730(a)–(b), (d)–(e) · last checked 2026-10-15 · Full abandoned property page

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

South Carolina's Residential Landlord and Tenant Act (27-40) contains no military or domestic-violence early-termination right (full chapter read). Federal SCRA rights still apply.

Verified Source: S.C. Code ch. 27-40 · last checked 2026-10-15 · Full early termination (dv/military) page

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

S.C. Code ch. 27-40 (read in full 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).

Verified Source: S.C. Code § 27-40-710(B) · last checked 2026-10-15 · Full late fee grace period page

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

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

Verified Source: S.C. Code ch. 27-40 (searched in full) · last checked 2026-10-15 · Full application fees & screening page

How does the eviction court process work in South Carolina?

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

Verified Source: S.C. Code § 27-37-20 · last checked 2026-10-15 · Full eviction court process & timeline page

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

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.

Verified Source: S.C. Code § 27-40-630 · last checked 2026-10-15 · Full repair and deduct page

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

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.

Verified Source: S.C. Code § 27-40-770(c) · last checked 2026-10-15 · Full holdover tenants page

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

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 refuse to renew a lease in retaliation for protected tenant conduct.

Verified Source: S.C. Code ch. 27-40 (searched in full); § 27-40-910 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page

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

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.

Verified Source: S.C. Code § 31-21-40 · last checked 2026-10-15 · Full source of income discrimination page

Can a tenant withhold rent for repairs in South Carolina?

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.

Verified Source: S.C. Code §§ 27-40-640, 27-40-790 · last checked 2026-10-15 · Full rent withholding / escrow page

Can a tenant sublet an apartment in South Carolina?

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.

Verified Source: S.C. Code §§ 27-40-10 to 27-40-940 (searched in full) · last checked 2026-10-15 · Full subletting & assignment page

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

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.

Verified Source: S.C. Code §§ 27-40-10 to 27-40-940 (searched in full) · last checked 2026-10-15 · Full death of a tenant page

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

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.

Verified Source: S.C. Code §§ 27-40-10 to 27-40-940 (searched in full) · last checked 2026-10-15 · Full deposit bank holding / separate account page

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

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.

Verified Source: S.C. Code § 27-40-710(A) · last checked 2026-10-15 · Full eviction notices for other grounds (lease violation, no-fault) page

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

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.

Verified Source: S.C. Code § 27-40-710(A) · last checked 2026-10-15 · Full right to cure / redeem page

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

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.

Verified Source: S.C. Code ch. 27-40 (searched in full) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page

What is the tenant relocation assistance rule in South Carolina?

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.

Verified Source: S.C. Code ch. 27-40 (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page

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

A search of the full text of S.C. Code ch. 27-40 found no rule requiring rent receipts, requiring or banning any payment method, or limiting payment fees. Unless otherwise agreed, rent is due at the time and place the parties agreed.

Verified Source: S.C. Code ch. 27-40 (searched in full) · last checked 2026-10-15 · Full rent receipts, payment methods & cash page

What is the eviction record sealing rule in South Carolina?

A search of the full text of S.C. Code ch. 27-37 (ejectment of tenants; §§ 27-37-10 et seq.) found no provision for sealing or expunging eviction records. Court rules or other statutes, which this site has not reviewed, may still provide for it.

Verified Source: S.C. Code ch. 27-37 (ejectment of tenants; §§ 27-37-10 et seq.) (searched in full) · last checked 2026-10-15 · Full eviction record sealing page

What is the condo conversion protections rule in South Carolina?

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.

Verified Source: S.C. Code § 27-31-420 · last checked 2026-10-15 · Full condo conversion protections page

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

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."

Verified Source: S.C. Code §§ 27-47-420, 27-47-530 · last checked 2026-10-16 · Full manufactured / mobile home parks page

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

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."

Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page

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

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).

Verified Source: S.C. Code §§ 5-25-1310, 5-25-1330 · last checked 2026-10-16 · Full smoke & co detectors page

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

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).

Verified Source: S.C. Code § 12-36-920 (seven percent accommodations tax on transient lodging) · last checked 2026-10-16 · Full rental / transient occupancy tax page

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

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

Verified Source: S.C. Code ch. 27-40 (Residential Landlord and Tenant Act) · last checked 2026-10-16 · Full guest & occupancy limits page

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

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

Verified Source: S.C. Code Ann. tit. 27, ch. 40 · last checked 2026-10-16 · Full criminal & credit history rules page

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