SC
South Carolina Landlord-Tenant Laws
Security Deposit Return Timeline
S.C. Code § 27-40-410
⏰ Timeline
30 days after termination AND delivery of possession AND tenant demand (whichever is later)
✅ Key Requirements
View Full Statute →
- 30 days to return deposit or provide itemized deductions
- Written notice required
- Must itemize any deductions
- Tenant must provide forwarding address in writing
- If tenant doesn't provide address: no damages liability (if landlord had no notice and mailed to last known)
Security Deposit Standards and Disclosure
S.C. Code § 27-40-410(c)
✅ Key Requirements
View Full Statute →
- Must post or provide statement of deposit calculation standards
- Required BEFORE rental agreement signed
- Can post conspicuously OR give to each tenant
- Failure to comply: difference between tenant's deposit and lowest deposit not subject to damage deductions
Notice for Non-Payment of Rent
S.C. Code § 27-40-710(B)
✅ Key Requirements
View Full Statute →
- 5 days to pay after due date
- Written notice required (can be one-time or in lease)
- Notice applies for entire lease term
- Continues to month-to-month after original term
14-Day Notice for Lease Violations
S.C. Code § 27-40-710(A)
✅ Key Requirements
View Full Statute →
- Landlord must give tenant 14-day written notice specifying the lease violation
- Notice must describe the specific acts or omissions constituting the breach
- Tenant has 14 days to cure (fix) the violation to continue the lease
- If the cure takes longer than 14 days but was started within 14 days and pursued in good faith, the lease continues
- Applies to lease violations other than nonpayment of rent
- +2 more requirements
Terminating Month-to-Month Tenancy
S.C. Code § 27-40-770(b)
✅ Key Requirements
View Full Statute →
- Must be in writing
- 30 days before termination date
- Either landlord or tenant can terminate
- Notice from either party
Landlord's Duty to Maintain Premises
S.C. Code § 27-40-440
✅ Key Requirements
View Full Statute →
- Landlord must comply with building and housing codes materially affecting health and safety
- Landlord must make all repairs necessary to keep premises fit and habitable
- Common areas must be kept reasonably safe and clean (clean requirement applies to 4+ unit properties)
- Landlord must provide running water, reasonable hot water, and reasonable heat (unless tenant-controlled)
- All electrical, plumbing, sanitary, HVAC, and other systems must be maintained in good working order
- +3 more requirements
Tenant's Maintenance Obligations
S.C. Code § 27-40-510
✅ Key Requirements
View Full Statute →
- Tenant must comply with applicable building and housing codes
- Tenant must keep the dwelling unit reasonably safe and clean
- Tenant must dispose of all waste (ashes, garbage, rubbish) in a clean and safe manner
- Tenant must keep plumbing fixtures reasonably clean
- Tenant must use all facilities and appliances reasonably
- +4 more requirements
Landlord's Right to Enter Property
S.C. Code § 27-40-530
✅ Key Requirements
View Full Statute →
- Landlord must give 24 hours' notice before entering (except emergencies or specified services)
- Emergency entry requires no notice; prospective weather danger qualifies as emergency
- Regularly scheduled services (per lease) allowed 9 AM–6 PM without notice if landlord announces
- Tenant-requested services allowed 8 AM–8 PM without notice if landlord announces
- Valid entry reasons: inspections, repairs, supply services, show to prospective buyers/tenants/contractors, court order, abandonment
- +3 more requirements
Retaliatory Eviction Prohibited
S.C. Code § 27-40-910
✅ Key Requirements
View Full Statute →
- Landlord cannot retaliate against a tenant for complaining to a government agency about code violations
- Landlord cannot retaliate against a tenant for complaining to the landlord about Chapter 40 violations
- Prohibited retaliation includes: raising rent above fair-market value, decreasing essential services, or filing for eviction
- Landlord can still evict if the violation was caused by tenant's lack of reasonable care or material noncompliance
- If landlord retaliates by not renewing, tenant gets 75 days and rent cannot exceed fair-market value
- +2 more requirements
Illegal Lockout and Self-Help Eviction
S.C. Code § 27-40-660 and § 27-40-760
✅ Key Requirements
View Full Statute →
- Landlord cannot unlawfully remove or exclude the tenant from the premises
- Landlord cannot willfully interrupt essential services (water, heat, electricity, gas, plumbing, sewer)
- Landlord can only take possession through the proper court eviction process
- Tenant remedies: recover possession OR terminate the lease
- Damages: 3 months' rent or twice actual damages (whichever is greater) plus reasonable attorney fees
- +2 more requirements
Abandonment of Dwelling Unit
S.C. Code § 27-40-730
✅ Key Requirements
View Full Statute →
- Abandonment is presumed after 15 days of unexplained absence plus rent default
- Abandonment is immediate if tenant voluntarily terminated utilities and rent is in default
- Landlord must make reasonable efforts to re-rent the unit at fair rental value
- Personal property valued $500 or less: landlord may dispose of it
- Personal property valued over $500: landlord must follow S.C. Code §§ 27-37-10 to 27-37-150
- +2 more requirements
Tenant's Repair and Deduct Remedy
S.C. Code § 27-40-630
✅ Key Requirements
View Full Statute →
- Tenant may use repair-and-deduct only for essential services (water, heat, electricity, gas, plumbing, sewer)
- Tenant must first give written notice to the landlord specifying the breach
- Landlord's failure must be negligent or willful
- Tenant may procure essential services and deduct the actual, reasonable cost from rent
- Alternatively, tenant may recover damages for diminished fair-market rental value plus attorney fees
- +3 more requirements
Fire or Casualty Damage
S.C. Code § 27-40-650
✅ Key Requirements
View Full Statute →
- If fire or casualty substantially impairs normal use, tenant may immediately vacate and terminate the lease
- Tenant must notify landlord in writing within 7 days of vacating to terminate the lease
- Alternatively, tenant may vacate only the unusable portion and rent is reduced proportionally
- Landlord must return security deposit and prepaid rent unless fire was caused by the tenant
- If fire was caused by tenant negligence, landlord may withhold deposit and rent with proper notice
- +1 more requirements
Holdover Tenant Remedies
S.C. Code § 27-40-770(c)
✅ Key Requirements
View Full Statute →
- If tenant remains after lease expiration without landlord's consent, landlord may bring action for possession
- If holdover is not in good faith, landlord may recover reasonable attorney fees
- If holdover is a willful violation, landlord may recover up to 3 months' rent or twice actual damages (whichever greater) plus attorney fees
- If landlord consents to the holdover, tenancy converts per S.C. Code § 27-40-310(d)
- Governed by S.C. Code § 27-40-770(c)
South Carolina Legal Forms
State-specific landlord forms powered by LawDepot. Affiliate links — we may earn a commission at no extra cost to you.
⚖️ Eviction Notice$29 Official eviction notice with proper legal language and state-specific requirements. Get Form → |
📝 Lease Agreement$29 Complete state-specific residential lease agreement with all required disclosures. Get Form → |
📈 Rent Increase Letter$19 Compliant notice of rent adjustment with correct timing requirements. Get Form → |
🚪 Notice to Vacate$19 Lease termination letter following proper state procedures and notice periods. Get Form → |
✅ Move-in Checklist$9 Property condition documentation form to protect against deposit disputes. Get Form → |
🔍 Browse All Forms500+ Explore LawDepot's complete catalog of landlord forms, agreements, and documents. Browse Forms → |