Statutes, lease requirements, tenant rights, and landlord remedies under South Carolina law. Updated April 2026.
South Carolina does not require residential leases to be in writing for tenancies of one year or less, but written leases are strongly recommended for both parties. Under S.C. Code § 27-40-210, the landlord must disclose the name and address of the person authorized to manage the premises and the owner or person authorized to act on behalf of the owner for service of process and receiving notices. This disclosure must be provided in writing before or at the commencement of the tenancy.
The South Carolina Residential Landlord and Tenant Act applies to most residential rental agreements. Under S.C. Code § 27-40-120, the Act covers rental agreements for dwelling units, with certain exceptions including transient occupancies, institutional residences, and agricultural tenancies. Written leases should include rent amount, due date, lease term, security deposit amount, maintenance responsibilities, and any rules regarding pets, guests, or property modifications.
Certain lease provisions are prohibited. Under S.C. Code § 27-40-150, a rental agreement may not require the tenant to waive rights under the Act, agree to pay the landlord's attorney fees, or consent to limitations on the landlord's liability for injuries or property damage. Any such provision is void and unenforceable. South Carolina also requires landlords to comply with federal lead-based paint disclosure requirements for properties built before 1978.
Rent is due at the time and place agreed upon in the rental agreement. Under S.C. Code § 27-40-310, if the rental agreement does not specify a time for payment, rent is payable at the beginning of each month for month-to-month tenancies. South Carolina does not provide a statutory grace period, so rent is legally late immediately after the due date unless the lease includes a grace period provision.
South Carolina has no rent control laws, and the state does not authorize local governments to impose rent stabilization measures. Landlords may increase rent by any amount with proper notice. For month-to-month tenancies, at least 30 days' notice before the end of the rental period is required. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for adjustments.
Late fees are permitted in South Carolina and should be specified in the lease agreement. While there is no statutory cap on late fees, they must be reasonable and proportionate to the landlord's actual damages from late payment. Courts may find excessive fees unenforceable. If rent is unpaid for 5 or more days and the tenant has not cured the default, the landlord may proceed with eviction under S.C. Code § 27-40-710.
Under S.C. Code § 27-40-440, the landlord must comply with applicable building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises in a fit and habitable condition, keep common areas clean and safe, maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities in good and safe working order, provide running water and reasonable amounts of hot water and heat, and provide garbage receptacles and arrange for their removal.
Tenants have corresponding obligations under S.C. Code § 27-40-510 to keep the premises clean, use all facilities and appliances in a reasonable manner, dispose of waste properly, not deliberately or negligently destroy or damage the premises, and comply with building and housing codes. Tenants must promptly notify the landlord of any conditions requiring repair that the tenant cannot remedy.
If the landlord fails to comply with the maintenance obligations, the tenant may give written notice specifying the breach. Under S.C. Code § 27-40-610, if the landlord does not make repairs within 14 days of the written notice (or as promptly as conditions require in emergencies), the tenant may terminate the rental agreement. In cases of diminished habitability, the tenant may also recover damages or seek rent abatement through court proceedings.
Under S.C. Code § 27-40-530, the landlord may enter the dwelling unit at reasonable times with the consent of the tenant after giving at least 24 hours' notice of intent to enter. The landlord may enter without consent in cases of emergency. Entry is permitted for inspections, repairs, decorations, alterations, or improvements, to supply agreed-upon services, and to show the unit to prospective tenants or purchasers.
The tenant may not unreasonably withhold consent to entry when the landlord has given proper notice and the purpose is lawful. If the tenant unreasonably withholds consent, the landlord may obtain injunctive relief or terminate the rental agreement. Conversely, if the landlord abuses the right of access or uses it to harass the tenant, the tenant may obtain injunctive relief or terminate the rental agreement.
South Carolina law is clear that the landlord's right of entry must be exercised reasonably and in good faith. Repeated entries at unreasonable hours, entries without the required 24-hour notice (except emergencies), or entries designed to intimidate or harass the tenant constitute abuse of the right of access. The tenant may recover actual damages of not less than one month's rent for landlord violations of the entry provisions.
South Carolina tenants are protected by the Residential Landlord and Tenant Act with several fundamental rights. Tenants have the right to a habitable dwelling that complies with building and housing codes under S.C. Code § 27-40-440. If the landlord fails to maintain the premises, tenants may provide written notice and terminate the lease if repairs are not made within 14 days.
Tenants are protected from retaliation under S.C. Code § 27-40-910. A landlord may not increase rent, decrease services, or threaten eviction in retaliation against a tenant who has complained to a governmental agency about code violations, complained to the landlord about maintenance issues, or exercised any right under the Act. The presumption of retaliation applies if the landlord's action occurs within a reasonable period after the tenant's protected activity.
Additional tenant rights include the right to proper notice before eviction (5 days for nonpayment, 14 days for curable lease violations), the right to receive the security deposit within 30 days of move-out with an itemized statement, and the right to be free from unlawful lockouts and utility shutoffs. South Carolina tenants who are victims of domestic violence have protections under S.C. Code § 27-40-740, including the right to request that the landlord change the locks.
For nonpayment of rent, the landlord must serve a 5-day written notice under S.C. Code § 27-40-710(B). The notice must inform the tenant that rent is past due and that the rental agreement will terminate if rent is not paid within 5 days. If the tenant fails to pay within the 5-day period, the landlord may file an eviction action in magistrate court. Unlike some states, South Carolina does not allow a second cure opportunity if the same nonpayment occurs within a specified period.
For material lease violations other than nonpayment, the landlord must deliver a 14-day written notice under S.C. Code § 27-40-710(A) specifying the breach and stating that the rental agreement will terminate if the violation is not remedied within 14 days. If the same violation recurs within 6 months of the initial notice, the landlord may terminate with a 14-day unconditional notice that does not offer a cure opportunity.
South Carolina prohibits self-help evictions. Under S.C. Code § 27-40-720, a landlord may not willfully diminish services, change locks, interrupt utilities, or remove a tenant's possessions as a means of eviction. A landlord who violates this provision is liable for actual damages, and the tenant may recover possession of the premises. All evictions must proceed through the court system, and only a constable or sheriff may execute a writ of ejectment.
South Carolina has no statutory cap on late fees, but they must be reasonable and specified in the lease. Courts may decline to enforce fees that are disproportionate to the landlord's actual damages from late payment. A common practice is 5-10% of the monthly rent.
Under S.C. Code § 27-40-150, any lease provision that waives tenant rights under the Act, requires the tenant to pay the landlord's attorney fees in all cases, or limits landlord liability is void and unenforceable. The remainder of the lease continues in effect.
Either party must give at least 30 days' written notice before the end of the monthly rental period. The notice must be clear about the termination date and should be delivered in a manner that can be documented.
South Carolina does not have a statutory repair-and-deduct remedy. Instead, tenants may terminate the lease under S.C. Code § 27-40-610 if the landlord fails to make necessary repairs within 14 days of written notice, or seek court-ordered rent abatement.
Knox-powered portfolio management keeps your leases, documents, and financials organized in one place.