South Carolina
South Carolina Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
South Carolina sets no statutory cap on security deposits and requires landlords to return the deposit within 30 days. Landlords must give at least 24 hours notice before entering a rental unit. South Carolina's Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40) governs these rules statewide.
Security deposits in South Carolina
South Carolina does not cap how much a landlord can charge for a security deposit. Any amount agreed to in the lease is permitted. Tenants should negotiate the deposit amount before signing and confirm what is in writing, because there is no state law limiting what a landlord may demand.
After the tenancy ends and the tenant vacates, the landlord has 30 days to return the deposit along with an itemized written statement of any deductions (S.C. Code 27-40-410). Deductions may cover unpaid rent and damage to the unit beyond normal wear and tear. Normal wear and tear, such as minor scuffs, faded paint from ordinary use, or small nail holes, may not be deducted.
| Rule | South Carolina requirement |
|---|---|
| Deposit cap | No statutory limit |
| Return deadline | 30 days after termination and tenant vacates |
| Itemized statement | Required with any partial return |
| Interest required | Not mandated by statute |
Landlords who fail to return the deposit and provide the itemized statement within 30 days may be liable for three times the amount wrongfully withheld plus reasonable attorney's fees (S.C. Code 27-40-410(b)). Tenants should document the condition of the unit at move-in and move-out with dated photographs. Providing a forwarding address in writing when vacating is essential so the landlord has no basis to claim the address was unknown.
When can a landlord enter? Notice rules
South Carolina landlords must give at least 24 hours notice before entering a rental unit, except in the situations listed in S.C. Code 27-40-530(b). Notice should specify the intended time of entry and the reason. Entry must occur at reasonable times (generally normal business hours unless otherwise agreed). A landlord may enter for repairs, inspections, to show the unit to prospective tenants or purchasers, or for other legitimate purposes.
Section 27-40-530(b) sets out three situations in which a landlord may enter without the tenant's consent and without 24 hours notice. The first is an emergency, at any time; the statute adds that prospective changes in weather conditions posing a likelihood of danger to the property may be treated as an emergency. The second is between 9:00 a.m. and 6:00 p.m. for regularly scheduled periodic services such as changing furnace and air-conditioning filters or providing termite, insect, or pest treatment, but only where the right to enter for those services is conspicuously set out in writing in the rental agreement and the landlord announces the intent to enter beforehand. The third is between 8:00 a.m. and 8:00 p.m. for services the tenant requested, again with an announcement before entering. So a lease-authorized pest treatment during those hours is not a violation simply because no 24-hour notice was given.
Tenants have a right to quiet enjoyment of the premises. If a landlord repeatedly enters without giving 24 hours notice, the tenant should document each occurrence in writing and send a formal written objection to the landlord. A consistent pattern of unauthorized entry can be grounds for a lease termination claim or damages under South Carolina law.
Ending a lease: notice to vacate
South Carolina requires 30 days written notice from either the landlord or the tenant to end a month-to-month tenancy (S.C. Code 27-40-770). The notice should identify the last date of the tenancy and be delivered in a manner that creates a record (certified mail or personal delivery with a witness).
Fixed-term leases expire on the date stated in the lease. If neither party provides notice of non-renewal before the lease term ends, some leases convert to a month-to-month tenancy under the same terms. Tenants should read their lease carefully to understand the renewal and expiration provisions.
When a landlord seeks to end a tenancy for nonpayment of rent or a lease violation, a different notice process applies. South Carolina law requires specific cure periods (for example, a 5-day written notice to pay or vacate for nonpayment of rent). For those rules and timelines, see the South Carolina eviction notice page or the eviction notice hub.
Repairs and the warranty of habitability
South Carolina landlords must maintain rental units in a fit and habitable condition under the implied warranty of habitability (S.C. Code 27-40-440). This includes working heating, plumbing, electrical systems, structural soundness, and freedom from serious pest infestation. A landlord who fails to repair after proper written notice is in breach of this statutory duty.
South Carolina has no repair-and-deduct remedy. S.C. Code 27-40-630(c) states that under no circumstances should the section be interpreted to authorize a tenant to make repairs on the rental property and deduct the cost of the repairs from rent, and it adds that a mechanic's lien arising from repairs the tenant authorized without the landlord's consent is unenforceable.
What Section 27-40-630 does allow is narrower. When the landlord fails to supply an essential service such as heat, running water, hot water, electricity, or gas, the tenant may give written notice and then procure reasonable amounts of that service during the period of the landlord's noncompliance and deduct the actual and reasonable cost from rent. The alternative under the same section is to recover damages based on the diminution in the fair-market rental value of the unit, plus reasonable attorney's fees. Paying a contractor to perform a repair and taking that cost out of rent is not covered.
That essential-services remedy does not extend to general maintenance issues or cosmetic defects. For broader habitability problems such as a leaking roof, a pest infestation, or broken windows, the governing provision is S.C. Code 27-40-610. The tenant delivers written notice specifying the acts and omissions that make up the breach and stating that the rental agreement will terminate on a date not less than 14 days after the landlord receives the notice if the breach is not remedied within 14 days. The lease does not terminate if the landlord adequately remedies the breach before the date stated in the notice. Under 27-40-610(b) the tenant may also recover actual damages and obtain injunctive relief in a magistrate's or circuit court without posting bond, and may recover reasonable attorney's fees if the landlord's noncompliance was wilful. A tenant who proceeds under the essential-services section, 27-40-630, may not also proceed under 27-40-610 as to that same breach. Tenants should consult legal aid or an attorney before withholding any rent payment.
Rent, late fees, and rent control
South Carolina does not set a statutory cap on late fees, but any late fee must be expressly stated in the written lease to be enforceable. If the lease does not mention a late fee, the landlord cannot impose one. South Carolina does not mandate a grace period by statute, though many leases include a 5-day grace period as a practical matter.
There is no statewide rent control in South Carolina, and no locality has enacted rent regulation as of 2026. Landlords may raise rent on month-to-month tenants with 30 days advance written notice. Rent increases during a fixed-term lease are not permitted unless the lease expressly allows for them.
South Carolina also has no statute mandating advance notice of rent increases beyond the standard month-to-month termination notice. A landlord who gives 30 days notice of a rent increase effectively converts the tenancy if the tenant does not accept the new rate. Tenants who believe a rent increase is retaliatory (for example, after a code enforcement complaint) may have a defense under S.C. Code 27-40-910, which bars a landlord from increasing rent above fair-market value, decreasing essential services, or bringing an action for possession after the tenant complains to a building or housing code agency or complains to the landlord about a violation of the Act.
If you have a landlord-tenant dispute in South Carolina
The first step in any dispute is written documentation. Send all repair requests, complaints, and responses to the landlord by email or certified mail and keep copies. Courts look for tenants and landlords who can demonstrate a documented record of communication.
For security deposit disputes, South Carolina's Magistrate Court (small claims) handles cases up to $7,500 without requiring an attorney. Bring your lease, move-in and move-out photos, any written communications about the deposit, and your forwarding address confirmation. Filing a magistrate court claim is generally the most direct route to recovering an improperly withheld deposit.
The South Carolina Legal Services organization provides free legal help to qualifying low-income tenants. The South Carolina Department of Consumer Affairs handles certain landlord-tenant complaints and can provide referrals to local housing resources. Local housing authorities in Charleston, Columbia, Greenville, and other cities often operate tenant assistance programs as well.
If a landlord is failing to maintain essential services (heat, water, electricity), file a complaint with the local code enforcement or health department. An official inspection finding creates a record that supports your claim in court and often prompts faster landlord action.
For eviction proceedings, tenants should respond before the hearing date. Missing a scheduled magistrate court hearing typically results in a default judgment in the landlord's favor. Consulting legal aid before the hearing is strongly recommended.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages
More South Carolina Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in South Carolina?
A South Carolina landlord has 30 days to return your security deposit after the tenancy ends and you vacate the unit (S.C. Code 27-40-410). The landlord must also provide an itemized written statement of any deductions. Provide your forwarding address in writing when you move out to protect your rights.
What is the maximum security deposit in South Carolina?
South Carolina has no statutory cap on security deposits. A landlord may charge any amount agreed to in the lease. Tenants should negotiate the deposit amount before signing, as there is no legal maximum under state law.
How much notice must a landlord give to enter in South Carolina?
South Carolina landlords must give at least 24 hours notice before entering a rental unit for inspections, repairs, or showings (S.C. Code 27-40-530). Section 27-40-530(b) lists three exceptions that need no notice: an emergency, at any time; regularly scheduled periodic services such as filter changes or pest treatment between 9:00 a.m. and 6:00 p.m., where the lease conspicuously grants that right in writing and the landlord announces the entry; and services the tenant requested, between 8:00 a.m. and 8:00 p.m., again with an announcement.
How much notice is needed to end a month-to-month lease in South Carolina?
Either the landlord or the tenant must give 30 days written notice to end a month-to-month tenancy in South Carolina (S.C. Code 27-40-770).
Can I withhold rent for repairs in South Carolina?
No. South Carolina has no repair-and-deduct remedy, and S.C. Code 27-40-630(c) expressly bars deducting the cost of repairs from rent. The only deduction the statute allows is for an interrupted essential service: if the landlord fails to supply heat, running water, hot water, electricity, or gas, you may give written notice, procure reasonable amounts of that service yourself during the noncompliance, and deduct the actual and reasonable cost from rent. For other habitability problems the remedy is the written 14-day notice and lease termination under S.C. Code 27-40-610, along with actual damages in magistrate's or circuit court, rather than withholding rent.
Can a landlord raise rent in South Carolina?
South Carolina has no statewide rent control, and no locality has enacted rent regulation as of 2026. Landlords may raise rent on month-to-month tenants with 30 days advance written notice. Rent increases during a fixed-term lease are generally not permitted unless the lease expressly allows for them.
Is there a late fee grace period in South Carolina?
South Carolina does not mandate a statutory grace period for late fees. Any late fee must be stated in the written lease to be enforceable. If the lease does not include a late fee provision, the landlord cannot charge one.
Updates
Corrected the repair and deduct discussion, the security deposit penalty, the landlord entry exceptions, the retaliation citation, and the general habitability remedy to match the text of S.C. Code 27-40-630, 27-40-410, 27-40-530, 27-40-910, and 27-40-610.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 27: PROPERTY AND CONVEYANCES
§ 27-40-440Landlord to maintain premisesIn force
(a) A landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas of the premises in a reasonably safe condition, and, for premises containing more than four dwelling units, keep in a reasonably clean condition; (4) make available running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; (5) maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at scstatehouse.gov
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This article also draws on these acts and chapters (opening at their first section): South Carolina Code of Laws, Title 27: PROPERTY AND CONVEYANCES § 27-40-10 (Short title)
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Sources and References
- South Carolina Residential Landlord and Tenant Act, S.C. Code Title 27, Chapter 40(scstatehouse.gov).gov
- South Carolina Department of Consumer Affairs(consumer.sc.gov).gov