Renter Rights & Landlord Laws Guide 2025: South Carolina
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. Always consult with a qualified attorney or local housing authority for specific legal situations.
1. Overview: State Friendliness Score
South Carolina is considered a Landlord-Friendly state.
Score: High
This means state laws generally favor property owners in disputes, particularly regarding eviction speed and lease enforcement. While specific rights exist for tenants, there are fewer regulatory hurdles for landlords compared to tenant-friendly states (like California or New York). Renters should be vigilant about lease terms, while landlords benefit from a streamlined legal framework.
2. Security Deposits
South Carolina law provides specific protections regarding security deposits to prevent unfair withholding.
For Renters:
- Limit: There is no state-mandated limit on the amount a landlord can charge for a security deposit.
- Return Timeline: Landlords must return the deposit within 30 days of the lease termination and the tenant moving out.
- Itemized Deductions: If any portion of the deposit is withheld, the landlord must provide a written, itemized list of deductions along with the remaining balance.
- Bank Account: Landlords holding deposits for 50+ units must keep them in a separate, interest-bearing bank account.
For Landlords:
- Documentation is Key: To withhold any portion of the deposit, you must prove damages beyond normal wear and tear. Photos, move-in checklists, and receipts are essential.
- Penalties: Failure to return the deposit or provide an itemized list within 30 days can result in the tenant suing for treble damages (three times the amount wrongfully withheld) plus court costs and attorney fees.
3. Eviction Rules
South Carolina offers a relatively fast eviction process, emphasizing the importance of adhering to strict timelines.
For Landlords:
- Non-Payment of Rent: You must serve a 5-Day Notice to Pay or Vacate. This gives the tenant five days to pay the overdue rent or move out. If they do neither, you may file for eviction on the 6th day.
- Lease Violations: For other breaches (e.g., unauthorized pets, property damage), a 14-Day Notice to Cure or Vacate is standard. If the violation is not remedied within 14 days, the lease may be terminated.
- Illegal Activity: Immediate termination notices may apply for drug-related or violent criminal activity on the premises.
For Renters:
- The 5-Day Warning: If you receive a 5-day notice for non-payment, you generally have only five days to pay the full amount owed to avoid eviction filing. Weekends and holidays usually count.
- Court Process: Once the notice period expires, the landlord files a Summons and Complaint. You typically have 10 days to file an Answer with the court. If you do not respond, the landlord wins by default.
- Sheriff Service: Notices must be served by the Sheriffโs office or a certified process server to be legally valid.
4. Landlord Entry
South Carolina does not have a specific state statute that explicitly mandates a notice period for landlord entry (e.g., 24 hours). However, common law and the implied covenant of quiet enjoyment generally apply.
For Renters:
- Reasonable Notice: While not codified by statute, landlords are expected to provide "reasonable notice" (typically 24 hours) before entering, except in emergencies (fire, flood, immediate threat).
- Lease Terms: Your specific lease agreement is the controlling factor. If the lease states "24 hours notice," the landlord must abide by that contract.
For Landlords:
- Best Practice: Always provide at least 24 hours' written notice for inspections, repairs, or showings. Entering without notice can be considered "harassment" or a breach of the lease, potentially leading to legal action or constructive eviction claims.
- Emergencies: You may enter immediately without notice in cases of imminent danger to life or property.
5. Rent Control
For Renters:
- Statewide Ban: South Carolina has no rent control or rent stabilization laws.
- Local Control: Major cities like Columbia, Charleston, and Greenville do not have local rent control ordinances.
- Rent Increases: Landlords can raise rent by any amount when a lease expires or during a month-to-month tenancy with proper notice (usually 30 days).
For Landlords:
- Market Freedom: You have the freedom to set rental prices based on market demand without state-imposed caps.
- Notice Requirements: When increasing rent for a month-to-month tenant, you must provide written notice at least 30 days in advance.
6. Special Warning for Landlords
Warning: Strict Procedure Compliance Required
Because South Carolina is landlord-friendly, the courts expect you to follow the letter of the law. One mistake can reset the eviction process or result in a dismissal.
- The "Self-Help" Trap: Do not attempt to remove a tenant yourself. Do not change the locks, shut off utilities, or remove their belongings to force them out. This is illegal "self-help eviction" and can result in the tenant suing you for damages.
- Paperwork Precision: Ensure the 5-Day Notice is perfectly accurate regarding the amount owed and the tenant's name. Errors here are the most common reason eviction cases are thrown out of court.
- Filing Fees: If you win the eviction case, you may still be responsible for court filing fees (typically around $200โ$300), which may not be fully recoverable from the tenant.
7. Special Warning for Tenants
Warning: Know Your Lease and Your Timeline
In a landlord-friendly state, your lease agreement is your primary shield. Ignorance of the law or the lease terms is rarely a valid defense in eviction court.
- Read the Lease: If the lease prohibits pets or subletting, strictly adhere to it. Violations give the landlord strong grounds for eviction.
- The 5-Day Clock: If you receive a notice for unpaid rent, the clock starts ticking immediately. Do not ignore the notice hoping it goes away; the eviction filing happens on day 6.
- Document Everything: Take date-stamped photos of the property condition before moving in and after moving out to protect your security deposit.
- Renters Insurance: South Carolina landlords are not responsible for your personal property loss due to fire, theft, or water damage. Renters insurance is highly recommended and often required by leases.
Disclaimer: Not legal advice. Consult an attorney.