What can I do if my landlord won't fix uninhabitable conditions in South Carolina?

1. Implied Warranty of Habitability — Codified in S.C. Residential Landlord and Tenant Act (SCRLTA), S.C. Code § 27-40-440, requiring compliance with building/housing codes affecting health/safety and reasonable repairs. Non-waivable.

2. What Counts as Uninhabitable — § 27-40-440(a): comply with codes; make repairs to keep premises fit and habitable; keep common areas safe; maintain electrical/plumbing/sanitary/heating/ventilating/air-conditioning; supply running water and reasonable hot water.

3. Tenant Notice to Landlord — Under § 27-40-610, written notice specifying breach and stating lease terminates in 30 days if not cured in 14 days.

4. Repair-and-Deduct — South Carolina does not have statutory repair-and-deduct. § 27-40-630 authorizes substitute housing or limited self-help for essential-services failures (heat, water, hot water, electricity).

5. Rent Withholding / Escrow — No general rent withholding statute; remedies channeled through litigation. § 27-40-630 essential-services procedure is the main equivalent.

6. Constructive Eviction — § 27-40-610 allows lease termination after 14-day notice if landlord fails to cure; common-law constructive eviction also recognized.

7. Affirmative Defense to Eviction — Habitability breach may be raised as defense and counterclaim in magistrate court eviction; tenant must follow proper notice procedures.

8. Damages & Penalties — § 27-40-660 authorizes recovery of actual damages, injunctive relief, and reasonable attorney fees to prevailing party in actions arising under SCRLTA.

9. Retaliation Protection — § 27-40-910 prohibits retaliation (rent increase, service reduction, eviction) for tenant complaints to government agencies or assertion of rights. Tenant may recover up to three months' rent plus actual damages and attorney fees.

This is legal information, not legal advice.