Living in South Carolina means enjoying beautiful beaches, green spaces, and southern hospitality. Property taxes in this state are among the country’s lowest, making it a good state for buying a new home. But what about renting and property management? Can you expect a smooth experience as a landlord or tenant? This ultimately depends on local laws and the South Carolina Landlord-Tenant Act.
This article will give you an overview of the South Carolina Landlord-Tenant Act. After reading it, you’ll be familiar with the deposit laws in South Carolina, when tenants are allowed to withhold rent, and more.
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1. Does South Carolina Have Rent Control Laws?
Currently, there is no state-wide rent control in South Carolina. Moreover, cities and towns in the state aren’t allowed to impose their own rent limits.
During the lease term, the landlord typically cannot increase the rent unless specified otherwise in the lease agreement. Landlords and tenants in South Carolina can also agree on a minimum notice period for a rent increase in advance.
2. Can Tenants Withhold Rent in South Carolina?
Under South Carolina law, tenants may withhold rent if the landlord fails to provide essential services such as heating systems, water supply, good sanitary conditions, and maintenance.
However, tenants shouldn’t make repairs on the rental property and deduct the cost of those repairs from their rent without obtaining authorization from the landlord. Landlords also aren’t allowed to force overdue repairs on their tenants.
There’s no regulation specifying how quickly a landlord should get back to their tenant in the case of a request for repairs, but the Landlord-Tenant Act does say that landlords should respond “within a reasonable time.”
3. Are There Notice of Entry Laws in South Carolina?
The South Carolina Landlord-Tenant Act states that a landlord should notify their tenant at least 24 hours before their visit and enter only at reasonable times. In turn, tenants shouldn’t unreasonably prevent their landlord from accessing their property, even to add decorations or conduct showings.
A landlord or their agent may enter the rental unit unannounced in the following situations:
- To protect the property in the event of a tornado warning or similar emergency
- To conduct an urgent repair or maintenance issue that could cause harm to the property or tenants (e.g., a burst pipe or a gas leak) if not dealt with
- To provide scheduled and agreed-upon services, such as replacing air-conditioning filters or exterminating pests
- To provide services requested by the tenant
- To follow a court order
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Finally, tenants can legally change locks with the permission of the landlord.
4. Can Landlords Refuse to Rent to Families With Children in South Carolina?
Across the United States, including the state of South Carolina, it’s illegal for landlords to discriminate against families with children.
The federal Fair Housing Act prohibits discrimination based on familial status, which includes families with children under the age of 18 and pregnant women.
In other words, it is unlawful for landlords or property owners to:
- Refuse to rent or sell housing to families with children or pregnant women
- Set different terms, conditions, or privileges for families with children
- Advertise their property as for singles or families only
- Restrict ordinary child activities, such as running or playing with toys outdoors
- Impose unreasonable noise limits targeting specific apartments
The only exception to this rule is the type of housing referred to as “housing for senior citizens.” However, this exception has specific requirements that must be met, such as providing facilities and services specifically designed for older persons and meeting certain occupancy criteria.
5. How Much Is a Security Deposit in South Carolina?
Landlords in South Carolina can charge as much as they see fit for security deposits and pet fees if they’re mentioned in the rental agreement. Generally, landlords ask for one to two months’ rent for the security deposit since a deposit that’s too high can turn prospective tenants away.
Under South Carolina Law, the security deposit must be returned to a tenant within 30 days of the apartment being vacated. Any deduction from the deposit must be itemized by the landlord in written form.
If a landlord rents out more than four adjoining units on the premises, they’re allowed to calculate security deposits differently for each of their tenants. In that case, they should clearly and openly indicate their standards by either providing each tenant with a written statement or placing the statement in a visible place somewhere on the premises.
6. When Does a Guest Become a Tenant in South Carolina?
The distinction between guests and tenants is important because tenants have legal rights and obligations, whereas guests do not. South Carolina doesn’t have an official cut-off guest policy — landlords can specify terms in their tenancy agreements to prevent unwanted overstays, increased liability, and extra wear and tear.
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In other states, any guest who stays at the property for more than two weeks in any six-month period is considered a tenant rather than a guest and must therefore be added to the lease agreement.
7. Can a Landlord Refuse to Renew a Lease in South Carolina?
In South Carolina, a landlord isn’t generally obliged to renew a lease agreement with a tenant. Moreover, they don’t have to specify the reason for the contract termination. At the end of a lease term, the landlord and tenant can negotiate and decide whether to renew the lease.
The landlord has the discretion to choose not to renew the lease for various reasons as long as those reasons do not involve illegal discrimination based on protected characteristics such as race, color, religion, sex, national origin, familial status, or disability.
It’s also illegal for a landlord to choose not to renew a lease as retaliation against a tenant actively exercising their legal rights. Additionally, landlords must comply with any notice requirements specified in the lease agreement. For a month-to-month tenancy, landlords must give their tenants written notice 30 days before the termination date.
8. How Long Does the Eviction Process Take in South Carolina?
Eviction in South Carolina can take multiple weeks, depending on why the tenant is being evicted. Here are some different scenarios:
- Nonpayment of rent: If a tenant fails to pay rent as required by the lease agreement, the landlord should first provide them with five days’ written notice asking them to pay it or vacate the premises. After that, they can go to court. The entire process typically takes around three to six weeks.
- Lease violation: If a tenant violates a significant rule in the lease agreement, such as causing excessive damage, engaging in illegal activities on the premises, or violating occupancy limits, the landlord may give them 14 days to fix the issues before filing for eviction. The timeline for such evictions can also take four to eight weeks from the notice to vacate to the eviction’s completion.
- Expired lease: If a tenant remains in the rental unit after their lease has expired, the landlord can seek eviction through the court. In such cases, the eviction process can take around three to five weeks.
If a tenant refuses to leave, the landlord can obtain a Writ of Possession, a document allowing the local deputy sheriff to enter the premises by force and physically remove the tenant and/or their possessions.
Learn More About South Carolina Landlord-Tenant Laws
Explore our resources to get a better understanding of your legal rights and obligations when it comes to renting. Our South Carolina legal page can help tenants and landlords navigate the South Carolina Landlord-Tenant Act to ensure peace of mind when signing a new lease.
As a landlord, you can also use Avail to sign leases, collect rent, and find tenants safely and easily. Our platform is designed to automate your property management experience while maintaining a human touch. Renters can also benefit from using Avail to ensure their payments and repair requests go through correctly and on time.
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*This article is intended for educational purposes only and does not constitute legal advice. Please consult an attorney for more information on landlord-tenant laws.
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