South Carolina Residential Lease Agreement

Important Information for South Carolina Landlords

South Carolina Rental Law Highlights

Security Deposits (S.C. Code Ann. § 27-40-410)

• Maximum Amount: No statutory limit (market determines)
• Return Timeline: 30 days after tenant vacates (S.C. Code Ann. § 27-40-410)
• Itemized Statement: Required if any deductions are made
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Up to three times the wrongfully withheld amount as penalty (S.C. Code Ann. § 27-40-410(D))

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month tenancies (customary)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: South Carolina does not have rent control laws

Required Disclosures

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address for notice purposes
• Move-in condition documentation (recommended)
• Smoke detector information (S.C. Code Ann. § 5-25-1310)
• Any known defects or issues with the property

Eviction and Termination (S.C. Code Ann. § 27-40-710, 27-37-10)

• 5-Day Notice: For nonpayment of rent (S.C. Code Ann. § 27-40-710(B))
• 14-Day Notice: For lease violations (S.C. Code Ann. § 27-40-710(A))
• 30-Day Notice: To terminate month-to-month tenancy (S.C. Code Ann. § 27-40-770)
• Court Process Required: Must file ejectment action in magistrate court
• No Self-Help: Lockouts and utility shutoffs are illegal (S.C. Code Ann. § 27-40-660)

Landlord Obligations (S.C. Code Ann. § 27-40-440)

• Habitability: Must maintain premises in fit and habitable condition (S.C. Code Ann. § 27-40-440)
• Essential Services: Heat, water, hot water, electricity must be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe condition
• Smoke Detectors: Required in all dwelling units (S.C. Code Ann. § 5-25-1310)
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within 14 days of notice (S.C. Code Ann. § 27-40-640)

Entry Requirements (S.C. Code Ann. § 27-40-530)

• Notice Required: 24 hours’ notice required (S.C. Code Ann. § 27-40-530)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections (S.C. Code Ann. § 27-40-650, 27-40-820)

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to 24 hours’ notice before entry
• Security Deposit Protection: Up to three times withheld amount as penalty
• Retaliation Protection: Landlord cannot retaliate (S.C. Code Ann. § 27-40-820)
• Repair and Deduct: Tenant may terminate or repair and deduct (S.C. Code Ann. § 27-40-640)
• Military Service: SCRA protections for active duty members

South Carolina-Specific Considerations

South Carolina Residential Landlord and Tenant Act

• South Carolina adopted a comprehensive Residential Landlord and Tenant Act
• Codified in S.C. Code Ann. Title 27, Chapter 40
• Based on Uniform Residential Landlord and Tenant Act (URLTA)
• Balanced approach between landlord and tenant rights
• Clear procedures for repairs, deposits, evictions

Security Deposit Return (S.C. Code Ann. § 27-40-410)

• 30 days to return deposit with itemized statement
• No statutory maximum on deposit amount
• Up to three times wrongfully withheld amount as penalty
• Tenant must provide forwarding address in writing
• Landlord must mail deposit to forwarding address

5-Day Nonpayment Notice (S.C. Code Ann. § 27-40-710(B))

• 5 days notice for nonpayment of rent
• One of the shorter notice periods in the nation
• Tenant does not have automatic right to cure
• Must follow proper notice requirements
• Notice must be in writing

14-Day Repair Period (S.C. Code Ann. § 27-40-640)

• Landlord has 14 days to make repairs after written notice
• If not repaired, tenant may terminate or repair and deduct
• Tenant may also withhold rent in escrow
• Important tenant remedy for habitability issues
• Encourages prompt repairs

24-Hour Entry Notice (S.C. Code Ann. § 27-40-530)

• 24 hours’ notice required before entry
• Must be during reasonable hours
• Emergency entry allowed without notice
• Notice can be oral or written
• Protects tenant privacy rights

Smoke Detector Requirements (S.C. Code Ann. § 5-25-1310)

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement and testing
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors required in certain circumstances

Fair Housing Requirements

Best Practices for South Carolina Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out
• Return deposits within 30 days with itemization (required by law)
• Disclose landlord’s name and address for service of notices
• Provide 24 hours’ notice before entering property (required by law)
• Keep detailed records of all transactions and communications
• Respond to repair requests within 14 days (required by law)
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors (required by law)
• Never use self-help eviction methods
• Follow proper court procedures for evictions (magistrate court)
• Do not retaliate against tenants for exercising legal rights
• Consider landlord insurance with loss of rent coverage

South Carolina Climate Considerations

• Hot, Humid Subtropical Climate: A/C essential for habitability
• Hurricane Risk: Coastal areas vulnerable; proper preparation critical
• High Humidity: Mold and moisture issues common; proper ventilation essential
• Flooding: Major concern in coastal and low-lying areas
• Mild Winters: Heating less critical than cooling
• Termites: Prevalent; regular inspections and treatment needed

Charleston and Coastal Area Considerations

• Local Ordinances: Additional requirements in Charleston and coastal cities
• Rental Registration: Some cities require landlord registration
• Short-Term Rentals: Strict regulations in many coastal areas
• Historic Districts: Additional regulations for historic properties
• Flood Zones: Disclosure and insurance requirements
• Hurricane Preparedness: Include specific provisions in lease

Columbia and Urban Area Considerations

• Local Ordinances: Additional requirements in cities
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane: Specify who pays and maintains
• Agricultural Land: Include specific provisions if applicable
• Private Roads: Specify maintenance responsibilities

Resources

• S.C. Code Ann. – Title 27, Chapter 40 (Residential Landlord and Tenant Act)
• South Carolina Bar Association – Real Estate Section
• South Carolina Legal Services
• South Carolina State Housing Finance and Development Authority
• Magistrate courts (for eviction proceedings)
• South Carolina Apartment Association