Understanding South Carolina Tenants’ Rights

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Knowing your rights as a tenant in South Carolina is essential to ensuring a safe, fair, and secure renting experience. The South Carolina Residential Landlord and Tenant Act governs the rights and responsibilities of both landlords and tenants, protecting tenants from unfair practices and ensuring a habitable living environment.

Key Tenant Rights in South Carolina

  1. Right to a Safe and Habitable Home
    • Landlords must ensure that rental properties are safe and meet basic habitability standards, including working plumbing, heating, and electrical systems.
    • Tenants have the right to request repairs for issues affecting health or safety.
  2. Right to Privacy
    • Landlords must provide reasonable notice (typically 24 hours) before entering the rental property, except in emergencies.
    • Entry should only occur during reasonable hours.
  3. Right to Freedom from Discrimination
    • Tenants are protected under the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability.
    • Complaints can be filed with the South Carolina Human Affairs Commission for violations.
4. Right to Written Lease Agreements
Tenants are entitled to a clear and comprehensive lease agreement that outlines terms, rent amount, payment due dates, and other conditions.
Verbal agreements are discouraged as they can be difficult to enforce.
5. Right to Security Deposit Protection
Security deposits must be returned within 30 days of moving out, minus deductions for damages or unpaid rent.
Landlords must provide an itemized list of deductions if they withhold any part of the deposit.
6. Right to Terminate a Lease Under Certain Conditions
Tenants can terminate a lease if the landlord fails to address habitability issues after being notified in writing.
Victims of domestic violence may also have the right to break a lease without penalty under specific circumstances.
Tenant ResponsibilitiesAlong with rights, tenants have certain responsibilities to maintain a positive rental relationship:
  • Pay rent on time and in full.
  • Keep the property clean and in good condition.
  • Notify the landlord promptly about necessary repairs or issues.
  • Avoid causing damage beyond normal wear and tear.
  • Comply with the terms of the lease agreement.

How to Address Issues with Your Landlord

  • Communicate in Writing: Always document repair requests or complaints in writing and keep copies for your records.
  • Understand Your Lease: Refer to your lease agreement for details on rent, maintenance, and notice requirements.
  • Seek Mediation: If disputes arise, mediation services can help resolve conflicts without legal action.
  • File a Complaint: If necessary, file a complaint with the South Carolina Department of Consumer Affairs or seek legal assistance.

South Carolina Legal Services ​

South Carolina Legal Services video Rent Smart: Basic Landlord and Tenant Rights in South Carolina Video

Additional Resources