South Carolina (SC) law guide
South Carolina governs rental housing through the **South Carolina Residential Landlord and Tenant Act**, codified at Title 27, Chapter 40 of the South Carolina Code of Laws. The state imposes no cap on security deposits and requires only a **5-day pay-or-quit notice** before a landlord may file for eviction, placing it firmly among the more landlord-favorable jurisdictions in the Southeast. With South Carolina ranked as the fastest-growing state in the nation for two consecutive years, the rental market in cities like Charleston, Columbia, and Greenville is expanding rapidly, making a clear understanding of these statutes essential for both landlords and tenants.
Security deposit limit
No statutory cap
Deposit return deadline
30 days after move-out and tenant demand
Statewide rent control
None
Nonpayment eviction notice
5-day pay-or-quit notice
South Carolina rental market snapshot
Population
~5.57 million (2025 Census estimate)
Renter households
~28% of households rent
Median rent
~$1,550 (2BR)
Largest rental markets
Columbia, Charleston, Greenville, Myrtle Beach, Spartanburg
South Carolina's no-deposit-cap rule gives landlords in high-demand coastal markets like Charleston, where 2BR rents top $1,600, added financial flexibility at lease signing. The absence of statewide rent control means that rapid population-driven rent increases in fast-growing metros face no statutory ceiling.
South Carolina Code Section 27-40-410 governs security deposits but sets no maximum deposit amount a landlord may collect. This means landlords in competitive rental markets are free to require two, three, or more months of rent upfront, provided the terms are disclosed in the lease. Landlords managing more than four adjoining dwelling units who charge varying deposit amounts must post or provide tenants with a written statement explaining how those amounts are determined.
After a tenancy ends, the landlord has 30 days from the later of lease termination, return of possession, or written demand by the tenant to return the security deposit along with an itemized written statement of any deductions. Allowable deductions cover accrued unpaid rent and damages beyond ordinary wear and tear caused by the tenant's noncompliance. Failure to comply with this timeline carries a steep penalty: the tenant may sue to recover three times the amount wrongfully withheld plus reasonable attorney's fees, creating a strong financial incentive for landlords to comply on time.
Tenants should document the condition of the unit at both move-in and move-out with dated photographs and written checklists. South Carolina courts routinely look to this kind of contemporaneous evidence when disputes over deposit deductions arise. Landlords who cannot produce an itemized statement within the 30-day window forfeit the right to make any deductions at all.
South Carolina has no statewide rent control or rent stabilization law. Landlords may set rent at any market rate and may raise it by any dollar amount. A bill introduced in the 2025-2026 legislative session (H.3346, the South Carolina Rent Control Act) would cap annual increases at seven percent plus CPI, but as of mid-2026 that bill has not been enacted and carries no legal force.
For month-to-month tenancies, most practitioners and landlord-tenant guides cite a requirement that landlords provide at least 30 days written notice before a rent increase takes effect, timed to coincide with the end of a rental period. Fixed-term leases cannot be unilaterally modified mid-term; the landlord must wait until renewal to implement a higher rate. Nothing in Chapter 40 limits the percentage or dollar amount of any increase.
South Carolina also prohibits retaliatory rent increases. Under Section 27-40-910, a landlord may not raise rent, cut services, or threaten eviction in retaliation for a tenant's good-faith complaint to a housing authority, report of a code violation, or exercise of any right under the Act. A court will presume retaliation if the adverse action occurs within 90 days of a protected activity, shifting the burden to the landlord to prove a legitimate non-retaliatory reason.
For nonpayment of rent, South Carolina law gives a tenant only a 5-day pay-or-quit window after rent is due before the landlord may terminate the rental agreement and file for eviction (SC Code Section 27-40-710). Importantly, this notice obligation is satisfied for all future periods once the landlord has delivered one such notice, or if the lease itself contains conspicuous language advising the tenant that failure to pay within five days of the due date may result in eviction proceedings. Landlords who skip this step risk having their case dismissed by the magistrate court.
For lease violations unrelated to rent, such as unauthorized pets, property damage, or nuisance conduct, the landlord must provide 14 days written notice specifying the breach and giving the tenant an opportunity to cure before termination becomes effective. Health and safety violations follow the same 14-day cure period unless an emergency requires faster action. After the notice period expires uncured, the landlord may file an ejectment action with the local magistrate court.
South Carolina strictly prohibits self-help evictions under Section 27-40-660. Landlords may not change locks, remove doors or windows, shut off utilities, or take any other measure designed to force a tenant out without a court order. Only a sheriff or law enforcement officer may physically remove a tenant, and only after a magistrate issues a writ of ejectment. Violations expose a landlord to liability for actual damages, up to three months' rent, and attorney's fees.
South Carolina landlords are required to maintain rental units in a habitable condition throughout the tenancy. This includes compliance with applicable building and housing codes that materially affect health and safety, proper upkeep of common areas, functioning heating and plumbing systems, and uninterrupted essential services. If a landlord fails to make required repairs after receiving written notice, the tenant may, under certain conditions, arrange for repairs and deduct the cost from rent, or seek a rent reduction reflecting the diminished fair-market value of the unit in its current condition.
Tenants are also protected against unlawful entry. Section 27-40-530 requires landlords to give 24 hours advance notice before entering a dwelling unit for non-emergency purposes, and entry must occur at reasonable times. Exceptions exist for emergencies, tenant-requested services between 8 a.m. and 8 p.m., and regularly scheduled maintenance such as filter changes that are disclosed in the lease. A landlord who abuses the right of access or uses it to harass a tenant may be liable for damages.
South Carolina's retaliation protections under Section 27-40-910 cover a broad range of tenant activities including complaints to housing inspectors, organizing with other tenants, and asserting rights under the Act. A landlord who retaliates within 90 days of a protected act faces a rebuttable presumption of unlawful conduct. Tenants who face discrimination on the basis of race, color, national origin, sex, familial status, religion, or disability may also pursue claims under the federal Fair Housing Act, which applies in all South Carolina jurisdictions.
This guide is general information, not legal advice. Governing statute: South Carolina Residential Landlord and Tenant Act. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
South Carolina FAQ
South Carolina law sets no maximum on security deposits. A landlord may charge any amount agreed upon in the lease. However, if the landlord rents more than four adjoining units and charges different amounts for different units, they must provide a written explanation of how deposits are calculated.
A landlord must return the security deposit, with an itemized written statement of any deductions, within 30 days after the later of the tenancy's termination, the tenant's return of possession, or the tenant's written demand. Missing this deadline can result in the landlord owing three times the wrongfully withheld amount plus attorney's fees.
No. South Carolina has no statewide rent control or rent stabilization law. Landlords may set rent at any amount and raise it by any percentage. A proposed bill in the 2025-2026 session would introduce caps, but it had not been enacted as of mid-2026.
For nonpayment of rent, South Carolina requires only a 5-day pay-or-quit notice. If rent is unpaid when due and the tenant does not pay within five days, the landlord may terminate the rental agreement and file for eviction in magistrate court. This notice can be built into the lease itself to satisfy the requirement for future periods.
No. Self-help evictions are illegal under SC Code Section 27-40-660. Landlords who change locks, remove appliances, or cut off utilities to pressure a tenant out without a court order can be held liable for actual damages, up to three months' rent, and the tenant's attorney's fees. Eviction requires a court order and enforcement by a sheriff.
Landlords must provide at least 24 hours advance notice before entering for non-emergency purposes and must enter only at reasonable times. Exceptions include genuine emergencies, tenant-requested service visits between 8 a.m. and 8 p.m., and regularly scheduled maintenance services disclosed in the lease.
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