South Carolina Common Disputes

What is the South Carolina Residential Landlord-Tenant Act?

The South Carolina Residential Landlord-Tenant Act is a law passed in 1986 that protects renters and landlords. It applies to house, apartment, and room rentals, including government-assisted housing.

Can a landlord evict me without going to court?

No, a landlord cannot evict you without going to court in South Carolina. Any other method, like locking you out or turning off utilities, is illegal. If a landlord tries an illegal eviction, you may be able to stay and get damages and attorney's fees.

How much notice must be given to end a lease?

For a written lease, the notice should be stated in the agreement. For an oral agreement, either party may end the lease with proper written notice: 7 days for a weekly rental or 30 days for a monthly rental.

Can a landlord refuse to make repairs if I'm behind on rent?

No, a landlord must follow the law and building codes regardless of rent payment status. These codes generally require the property to be kept in good shape.

What if the landlord won't make repairs?

Give the landlord written notice of the issues. If not fixed in 14 days (or a reasonable time), you can terminate the lease without penalty or sue the landlord for an injunction to make repairs and for actual damages.

Does a landlord have the right to enter my home anytime?

No, a landlord generally must give 24 hours notice before entering, except for emergencies or repairs you requested. A landlord cannot use the right of access to harass you.

How long does a landlord have to return my security deposit?

A landlord has 30 days to return your deposit after you move out and provide a forwarding address, or after you request it back in writing, whichever is later.

What can I do if my landlord wrongfully withholds my security deposit?

You can sue the landlord for up to 3 times the amount wrongfully withheld, plus reasonable attorney's fees. Proper documentation of the unit's condition at move-in and move-out is important.

What notice must a landlord give to terminate a lease for non-payment of rent?

The landlord must provide a 5-day written notice after rent is due, unless the lease states no additional notice will be given. This notice can be provided once during the lease term.

What notice must a landlord give to terminate a lease for other reasons?

For most issues that violate the lease agreement, the landlord must give a 14-day written notice to allow the tenant time to fix the problem before proceeding with eviction.

Can I withhold rent if my landlord refuses to make repairs?

Generally, no. There are very limited circumstances where you might withhold rent to make essential repairs, but it's risky. Follow proper notice procedures and consider legal remedies instead.

Are email or text notices from a tenant to a landlord valid?

Likely yes, especially if that's the typical form of communication. While written notice is best, an unpublished South Carolina court decision has called a text valid written notice.

If I miss an eviction hearing and a writ of ejectment is issued, what can I do?

You can file a motion within 5 days of notice of the judgment to request a new hearing. You'll need to provide a valid reason for missing the original hearing.

How long does a tenant have to remove belongings after a writ of ejectment?

The sheriff can remove the tenant's belongings 24 hours after the writ is posted at the property. The sheriff may allow more time for elderly or disabled tenants, but it's not guaranteed.

What constitutes abandonment of a rental property?

Not paying rent for 15 days after it is due raises a legal presumption of abandonment under the South Carolina Residential Landlord Tenant Act.