South Carolina Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in South Carolina, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in South Carolina. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | South Carolina |
|---|---|
| Where these laws apply | The South Carolina Residential Landlord and Tenant Act (Code Title 27, Chapter 40) applies to rental agreements, wherever made, for dwelling units located in South Carolina, with no county or population limit. It does not govern residence in an institution incidental to detention or medical, geriatric, educational, counseling, religious or similar services; occupancy by a buyer under a contract of sale; occupancy by a member of a fraternal or social organization in its building; transient occupancy in a hotel, motel or other accommodations subject to the accommodations sales tax; occupancy by an employee whose right to occupy depends on employment on the premises; occupancy by a condominium unit owner or cooperative proprietary-lease holder; rentals used primarily for agricultural purposes; premises under the Vacation Time Sharing Plan Act; or residence at a charitable or emergency protective shelter. S.C. Code §§ 27-40-10, 27-40-110, 27-40-120 |
| Security deposit limit | |
| Where deposits are held | The chapter defines a security deposit as money from the tenant to the landlord, held in trust by the landlord to secure full performance of the lease. No separate, bank or escrow account is required by South Carolina Code Title 27, Chapter 40. S.C. Code § 27-40-210(18); S.C. Code Title 27, Ch. 40 (no provision) |
| Returning the deposit | Any deductions must be itemized in a written notice sent with any amount due within 30 days after the tenancy ends and possession is delivered, or after the tenant's demand, whichever is later. The tenant must give the landlord a forwarding address in writing; a tenant who does not is not entitled to damages under this rule if the landlord had no notice of where the tenant was and mailed the notice and any amount due to the tenant's last known address. If the landlord does not return prepaid rent or the deposit with the required notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney's fees. Under a 2026 law in effect since May 18, 2026, when a tenant ends the lease early as the victim of documented domestic abuse or violence by another leaseholder on the same property, a deposit that is due back need not be returned until the end of the lease. S.C. Code § 27-40-410(a), (b); § 27-40-350(A)(2) (2026 S.C. Acts No. 184) |
| Deposit deductions | Only accrued rent, and damages the landlord suffered because the tenant did not comply with section 27-40-510 (the tenant's duty to maintain the dwelling unit). If a landlord with more than four adjoining units charges different deposits by different standards without posting or giving the standards (see disclosures), the part of a tenant's deposit above the lowest deposit for a comparable unit cannot be deducted for damages from the tenant's noncompliance with section 27-40-510. S.C. Code §§ 27-40-410(a), (c), 27-40-510 |
| Interest on deposits | |
| Landlord entry notice | Except in the cases below, the landlord must give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times; the landlord may not abuse the right of access or use it to harass the tenant. The tenant may not unreasonably refuse entry to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the unit to prospective or actual buyers, mortgagees, tenants, workmen or contractors. The landlord may enter without the tenant's consent at any time in an emergency (expected weather likely to endanger the property may count); between 9:00 a.m. and 6:00 p.m. for regularly scheduled services such as filter changes or pest treatment, if the lease conspicuously provides for it in writing and the landlord announces the entry first; and between 8:00 a.m. and 8:00 p.m. for services the tenant requested, after announcing the entry. Otherwise the landlord has a right of access only under a court order, as sections 27-40-720 and 27-40-730 permit, with a law enforcement officer at reasonable times to serve process in ejectment proceedings, or if the tenant has abandoned or surrendered the premises. S.C. Code § 27-40-530 |
| Notice to end a month-to-month lease | Either the landlord or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the termination date stated in the notice, and a week-to-week tenancy by written notice at least 7 days before. Unless the rental agreement sets a definite term, the tenancy is week to week for a roomer who pays weekly rent and month to month in all other cases. S.C. Code §§ 27-40-770(a), (b), 27-40-310(d) |
| Rent-increase notice | No notice period in South Carolina Code Title 27, Chapter 40. A landlord may not retaliate by raising rent above fair-market value after the tenant complains to a government building or housing code agency about a violation materially affecting health and safety, or complains to the landlord about a violation of the chapter. A landlord renting more than four adjoining units may raise rent without a presumption of retaliation if the increase applies uniformly to all tenants, or so long as the rent does not exceed fair-market value. S.C. Code Title 27, Ch. 40 (no provision); S.C. Code § 27-40-910(a), (e) |
| Late fees | No limit or grace period in South Carolina Code Title 27, Chapter 40. The chapter's definition of rent includes late charges. S.C. Code Title 27, Ch. 40 (no provision); S.C. Code § 27-40-210(11) |
| Notice for unpaid rent | If rent is unpaid when due and the tenant does not pay within five days of the due date, the landlord may end the rental agreement, provided the landlord has given written notice of the nonpayment and of the intent to terminate if the rent is not paid within that period. The notice duty is satisfied for any lease term after the landlord has given one such notice, or if the notice is in conspicuous language in a written rental agreement. A lease clause with the statutory "IF YOU DO NOT PAY YOUR RENT ON TIME" text, or a substantially equivalent one, fully satisfies the written-notice requirement, including for a month-to-month tenancy after the original lease term, and no separate notice is then needed to start eviction for nonpayment. S.C. Code § 27-40-710(B) |
| Rent control | Not allowed. Counties and municipal corporations may not enact, maintain or enforce an ordinance or resolution that would regulate in any way the amount of rent charged for privately owned single-family, multiple-unit residential or commercial rental property. This does not stop a county or municipal corporation, or an authority it creates for that purpose, from regulating its own property or from making agreements with private persons that regulate the rent for rental properties. S.C. Code § 27-39-60 |
| Required landlord disclosures | In writing at or before the start of the tenancy, the landlord or the person authorized to make the rental agreement must disclose the name and address of an owner of the premises, or of a person authorized to act for the owner as agent for service of process and for receiving notices and demands; the information must be kept current. A landlord who rents more than four adjoining units and uses different standards to calculate deposits for different tenants must, before the rental agreement is made, post a statement of the standards in a conspicuous place on the premises or where rent is paid, or give each prospective tenant a statement of them. S.C. Code §§ 27-40-420(a), (b), 27-40-410(c) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, handicap, familial status and national origin. These are the same classes as the federal list. S.C. Code § 31-21-40; 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in South Carolina listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in South Carolina?
No limit set by South Carolina Code Title 27, Chapter 40. See the source in the table above.
How long does a South Carolina landlord have to return a security deposit?
Any deductions must be itemized in a written notice sent with any amount due within 30 days after the tenancy ends and possession is delivered, or after the tenant's demand, whichever is later. The tenant must give the landlord a forwarding address in writing; a tenant who does not is not entitled to damages under this rule if the landlord had no notice of where the tenant was and mailed the notice and any amount due to the tenant's last known address. If the landlord does not return prepaid rent or the deposit with the required notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney's fees. Under a 2026 law in effect since May 18, 2026, when a tenant ends the lease early as the victim of documented domestic abuse or violence by another leaseholder on the same property, a deposit that is due back need not be returned until the end of the lease. See the source in the table above.
How much notice must a South Carolina landlord give before entering?
Except in the cases below, the landlord must give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times; the landlord may not abuse the right of access or use it to harass the tenant. The tenant may not unreasonably refuse entry to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the unit to prospective or actual buyers, mortgagees, tenants, workmen or contractors. The landlord may enter without the tenant's consent at any time in an emergency (expected weather likely to endanger the property may count); between 9:00 a.m. and 6:00 p.m. for regularly scheduled services such as filter changes or pest treatment, if the lease conspicuously provides for it in writing and the landlord announces the entry first; and between 8:00 a.m. and 8:00 p.m. for services the tenant requested, after announcing the entry. Otherwise the landlord has a right of access only under a court order, as sections 27-40-720 and 27-40-730 permit, with a law enforcement officer at reasonable times to serve process in ejectment proceedings, or if the tenant has abandoned or surrendered the premises. See the source in the table above.
How much notice ends a month-to-month lease in South Carolina?
Either the landlord or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the termination date stated in the notice, and a week-to-week tenancy by written notice at least 7 days before. Unless the rental agreement sets a definite term, the tenancy is week to week for a roomer who pays weekly rent and month to month in all other cases. See the source in the table above.
How much notice is required for a rent increase in South Carolina?
No notice period in South Carolina Code Title 27, Chapter 40. A landlord may not retaliate by raising rent above fair-market value after the tenant complains to a government building or housing code agency about a violation materially affecting health and safety, or complains to the landlord about a violation of the chapter. A landlord renting more than four adjoining units may raise rent without a presumption of retaliation if the increase applies uniformly to all tenants, or so long as the rent does not exceed fair-market value. See the source in the table above.
How much can a South Carolina landlord charge for late rent?
No limit or grace period in South Carolina Code Title 27, Chapter 40. The chapter's definition of rent includes late charges. See the source in the table above.
How much notice must a South Carolina landlord give when rent is unpaid?
If rent is unpaid when due and the tenant does not pay within five days of the due date, the landlord may end the rental agreement, provided the landlord has given written notice of the nonpayment and of the intent to terminate if the rent is not paid within that period. The notice duty is satisfied for any lease term after the landlord has given one such notice, or if the notice is in conspicuous language in a written rental agreement. A lease clause with the statutory "IF YOU DO NOT PAY YOUR RENT ON TIME" text, or a substantially equivalent one, fully satisfies the written-notice requirement, including for a month-to-month tenancy after the original lease term, and no separate notice is then needed to start eviction for nonpayment. See the source in the table above.
Does South Carolina have rent control?
Not allowed. Counties and municipal corporations may not enact, maintain or enforce an ordinance or resolution that would regulate in any way the amount of rent charged for privately owned single-family, multiple-unit residential or commercial rental property. This does not stop a county or municipal corporation, or an authority it creates for that purpose, from regulating its own property or from making agreements with private persons that regulate the rent for rental properties. See the source in the table above.
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