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State Reference Guide · South

South Carolina
Tenant Rights.

This guide provides a detailed overview of the rights and responsibilities of residential tenants in South Carolina. Most of these protections are found in the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40).

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit
None
Deposit Return Deadline
30 Days
Notice to Enter
24 Hours
Nonpayment Notice
5 Days
often in lease

What rights do tenants have in South Carolina?

Tenants in South Carolina are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in South Carolina sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

South Carolina law is unique in that it does not limit the amount a landlord can charge, but it imposes strict penalties for failing to return it properly.

Maximum Amount
There is no state-mandated limit on the amount a landlord can charge for a security deposit. (S.C. Code Ann. § 27-40-410).
Return Deadline
The landlord must return the security deposit, or the remaining balance after deductions, within 30 days after the tenant moves out AND provides a forwarding address/demand for the money.
Itemization
If the landlord keeps any part of the deposit for damages (beyond normal wear and tear), they must provide a written, itemized list of those damages and the costs.
The "Treble Damages" Penalty
If a landlord fails to return the deposit or provide the itemized list within 30 days, the tenant may sue for three times the amount wrongfully withheld, plus reasonable attorney’s fees. (S.C. Code Ann. § 27-40-410(b)).
Standardization Disclosure
If a landlord owns more than four units and charges different deposit amounts to different tenants, they must post or provide a written explanation of how the deposits are calculated. (S.C. Code Ann. § 27-40-410(c)).
02
NOTICE

Eviction Notices & Process

South Carolina has specific timelines that tenants must understand to avoid sudden displacement.

Nonpayment of Rent (5-Day Notice)
By law, you have 5 days to pay rent after it is due before a landlord can file for eviction.CRITICAL EXCEPTION: If your written lease contains a specific paragraph stating that the landlord can evict you if you are 5 days late, the landlord is not required to give you any further written notice before filing in court. Check your lease for this "conspicuous" notice. (S.C. Code Ann. § 27-40-710(B)).
Lease Violations (14-Day Notice)
For violations other than nonpayment (e.g., unauthorized pets or noise), the landlord must give you a 14-day notice to "cure" (fix) the issue. If you do not fix it within 14 days, they can begin eviction. (S.C. Code Ann. § 27-40-710(A)).
Month-to-Month Termination
To end a monthly lease without a specific reason, either the landlord or the tenant must give at least 30 days' written notice. (S.C. Code Ann. § 27-40-770).
03
NOTICE

Landlord Entry

Tenants have a right to privacy, but landlords have a right to maintain the property.

Notice Period
Landlords must give at least 24 hours' notice before entering your home.
Reasonable Time
Entry must be at a reasonable time (usually business hours).
Exceptions
Emergency: No notice is required for emergencies (e.g., a bursting pipe).Requested Services: If you request repairs, the landlord may enter between 8:00 AM and 8:00 PM to perform them without 24 hours' notice.Scheduled Services: Landlords can enter between 9:00 AM and 6:00 PM for regularly scheduled services (like pest control) as long as they provide notice of the schedule. (S.C. Code Ann. § 27-40-530).
04
MONEY

Rent Control Status

State Preemption
South Carolina has a state law that prohibits cities or counties from enacting any form of rent control. Local governments cannot limit how much a landlord can increase the rent. (S.C. Code Ann. § 27-39-10).
05
SAFETY

Habitability & Repairs

The "Warranty of Habitability" requires landlords to keep the unit fit for living.

Landlord Requirements
The landlord must provide running water, hot water, heat, and safe electrical and plumbing systems. They must also comply with all local building and housing codes. (S.C. Code Ann. § 27-40-440).
No "Repair and Deduct"
South Carolina does not allow tenants to fix a problem themselves and deduct the cost from the rent. Doing so can lead to eviction for nonpayment.
Essential Services Remedy
If a landlord fails to provide heat or water, the tenant can give a 14-day notice to terminate the lease OR sue for damages. In extreme cases, a tenant may obtain "substitute housing" and charge the cost against the landlord, but this requires following strict legal procedures. (S.C. Code Ann. § 27-40-630).
06
SAFETY

Retaliation Protections

A landlord cannot punish you for exercising your legal rights.

Protected Activities
A landlord may not evict you, raise rent, or decrease services because you: - Complained to a government agency about a building code violation.Complained to the landlord about a failure to maintain the property.Joined or organized a tenant union.
Penalty
If a landlord retaliates, the tenant can recover three months' rent or triple the actual damages (whichever is greater). (S.C. Code Ann. § 27-40-910).
07
LEASE

Lease & Disclosure Requirements

Identification
At the start of the lease, the landlord must provide the name and address of the owner or the person authorized to act as an agent for legal purposes. (S.C. Code Ann. § 27-40-420).
Lead Paint
For properties built before 1978, landlords must provide the federal lead paint disclosure and pamphlet (as noted in the Federal Law section).
Written vs. Oral
While oral leases are valid for terms under one year, the 5-day eviction notice exception (mentioned above) must be in writing to be effective against the tenant.
Summary

Quick reference table.

FeatureRequirementStatute
Security Deposit LimitNone§ 27-40-410
Deposit Return Deadline30 Days§ 27-40-410
Notice to Enter24 Hours§ 27-40-530
Nonpayment Notice5 Days (often in lease)§ 27-40-710
Repair & DeductNot Allowed§ 27-40-610
Retaliation DefenseYes§ 27-40-910
Cities with local protections

These South Carolina cities layer extra tenant protections on top of state law: Aiken, Anderson, Boiling Springs, Cayce, Central, Charleston, Clemson, Clinton, Columbia, Conway, Drayton, Florence, Graniteville, Greenville, Greenwood, Hanahan, Ladson, Myrtle Beach, North Charleston, Pendleton, Rock Hill, Seneca, Simpsonville, Spartanburg, Summerville, Travelers Rest, Warrenville, West Columbia.

Common Questions

Frequently Asked

Security deposit limits in South Carolina are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the South Carolina statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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