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Tenant Rights in South Carolina

A comprehensive guide to your rights as a renter in South Carolina. Covers security deposits, eviction procedures, rent control, repair obligations, and when to get legal help.

Data last updated: Apr 16, 2026

Key Takeaways

  • Security deposit max: No statutory limit. Landlords may charge any amount..
  • Return deadline: 30 days after the tenancy ends..
  • Rent control: No.
  • Repair and deduct: Not allowed.
No statutory limit. Landlords may charge any amount. Security deposit maximum
30 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amountNo statutory limit. Landlords may charge any amount.
  • Return deadline30 days after the tenancy ends.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and other charges under the lease. Must provide an itemized statement within 30 days.

Eviction Process

  • Notice requirements5-day notice for nonpayment of rent. 14-day notice for lease violations (with 14-day cure period). 30-day notice for month-to-month tenancy termination.
  • Judicial eviction requiredYes
  • Estimated timeline2 to 4 weeks for uncontested cases through magistrate court.

Rent Control

South Carolina has no rent control laws at any level of government.

Repair and Habitability

  • Repair and deductNot allowed
  • Rent withholdingNot allowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent under S.C. Code § 27-40-730. Military members may terminate under the SCRA.

Key Statutes

  • South Carolina Residential Landlord and Tenant Act: S.C. Code §§ 27-40-10 to 27-40-940
  • Security Deposits: S.C. Code § 27-40-410
  • Landlord Obligations: S.C. Code § 27-40-440
  • Retaliation: S.C. Code § 27-40-910

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in South Carolina

Frequently Asked Questions

  • Is there a security deposit limit in South Carolina?

    No. South Carolina has no statutory cap on security deposits. The deposit must be returned within 30 days after the tenancy ends, with an itemized statement of any deductions.

  • Can a tenant withhold rent for repairs in South Carolina?

    No. South Carolina does not provide a statutory repair-and-deduct or rent withholding remedy. Tenants should contact local code enforcement or seek a court order for repairs.

  • How much notice does a landlord need to evict for nonpayment in South Carolina?

    A landlord must give a 5-day notice for nonpayment of rent. After the notice period, the landlord can file for eviction in magistrate court.

  • Does South Carolina protect tenants from retaliation?

    Yes. South Carolina law (S.C. Code § 27-40-910) prohibits landlords from retaliating against tenants who exercise their rights under the landlord-tenant act.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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