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What are tenant rights in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

South Carolina tenant rights are governed by the South Carolina Residential Landlord and Tenant Act (RLTA), S.C. Code Ann. § 27-40-10 et seq.

1. Security Deposit — No statutory cap. Under § 27-40-410, landlord must return within 30 days of move-out with itemized list of deductions. If landlord rents 4+ units in a single complex with different deposit amounts, the criteria for variation must be posted.

2. Habitability — § 27-40-440 requires landlords to comply with building and housing codes; make all repairs reasonably necessary to keep the premises fit and habitable; maintain common areas; keep electrical, plumbing, sanitary, heating, ventilation, and air-conditioning systems and appliances in good and safe working order; and provide running water and reasonable heat.

3. Tenant Remedies — § 27-40-610 to § 27-40-640 provide repair-and-deduct (limited to $200 or one-half of monthly rent), lease termination after 14 days' written notice for material noncompliance, and damages.

4. Notice for Entry — § 27-40-530 requires 24 hours' notice for non-emergency entry.

5. Eviction Notice — § 27-40-710 requires a 5-day pay-or-quit notice for nonpayment of rent. 14-day notice for material lease violations (with right to cure).

6. Termination of Month-to-Month — § 27-40-770 requires 30 days' notice by either party.

7. Rent Control — Prohibited by S.C. Code § 27-39-60.

8. Discrimination — South Carolina Fair Housing Law (§ 31-21) mirrors federal Fair Housing Act. No state-level source-of-income or sexual orientation protection.

9. Retaliation — § 27-40-910 prohibits retaliation against tenants who complain to government, organize tenant unions, or assert legal rights.

10. Lockouts — § 27-40-660 prohibits self-help; tenant may recover possession plus 3 months' rent or treble damages.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Facing eviction in court
  • Landlord retaliating after complaint
  • Habitability issue causing health risk
Related Statutes & Laws
  • S.C. Code § 27-40-410
  • S.C. Code § 27-40-440
  • S.C. Code § 27-40-710
  • S.C. Code § 27-40-910

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.