South Carolina Landlord-Tenant Law

Maximum deposit

South Carolina sets no limit on the size of a residential security deposit, but a landlord renting more than four adjoining units who uses different deposit standards for different tenants must post or hand out those standards before the lease is signed (S.C. Code § 27-40-410(c)). (S.C. Code § 27-40-410 (no amount limit; (c) disclosure of differing deposit standards))

Return deadline

Landlords must send the itemized written notice and any deposit balance within 30 days after the latest of termination of the tenancy, delivery of possession, or the tenant's demand, to the forwarding address the tenant gives in writing (S.C. Code § 27-40-410(a)). (S.C. Code § 27-40-410(a))

Itemized deductions

Any deduction for accrued rent or damage must be itemized in a written notice sent to the tenant with the amount due within the 30-day period (S.C. Code § 27-40-410(a)). (S.C. Code § 27-40-410(a))

Interest on deposits

South Carolina law does not require landlords to pay interest on security deposits (S.C. Code § 27-40-410, silent). (S.C. Code § 27-40-410 (silent on interest))

Penalty for wrongful withholding

A landlord who fails to return the deposit or prepaid rent with the required itemized notice owes the tenant three times the amount wrongfully withheld plus reasonable attorney's fees (S.C. Code § 27-40-410(b)). (S.C. Code § 27-40-410(a)-(b))

Late-fee limit

South Carolina sets no cap on residential late fees; the Act treats agreed late charges as part of rent, so the amount is set by the lease (S.C. Code §§ 27-40-210(11), 27-40-310(a)). (S.C. Code § 27-40-210(11) ('rent' includes late charges); § 27-40-310(a) (terms set by agreement); Ch. 40 has no late-fee limit)

Grace period

South Carolina sets no grace period before a late fee may be charged; the five-day period in S.C. Code § 27-40-710(B) only controls when a landlord may terminate the lease for nonpayment. (S.C. Code § 27-40-710(B) (five days to pay before termination, not a fee grace period), S.C. Code § 27-40-310(c) (rent payable without demand or notice at the agreed time))

Give at least 24 hours' notice and enter only at reasonable times, except in an emergency or when announcing entry for lease-listed routine services (9 a.m.-6 p.m.) or tenant-requested services (8 a.m.-8 p.m.) (S.C. Code § 27-40-530). (S.C. Code § 27-40-530)

Either side may end a South Carolina month-to-month tenancy with written notice given at least 30 days before the termination date it names (S.C. Code § 27-40-770(b)). (S.C. Code § 27-40-770)

South Carolina sets no rent-increase notice period, so increases follow the lease; on a month-to-month tenancy, 30 days' written notice matches the termination rule (S.C. Code §§ 27-40-310, 27-40-770(b)). (S.C. Code § 27-40-310, S.C. Code § 27-40-770(b))

South Carolina has no rent control, and counties and cities may not regulate the amount of rent on privately owned housing (S.C. Code Ann. § 27-39-60). (S.C. Code Ann. § 27-39-60)

At or before the start of the tenancy, give the tenant in writing the name and address of the owner or the owner's agent for notices, and give the federal lead-paint disclosure for pre-1978 housing (S.C. Code Ann. § 27-40-420; 42 U.S.C. § 4852d). (S.C. Code Ann. §§ 27-40-410(c), 27-40-420)

• Name and address of an owner or of the owner's agent for service of process and notices (In writing at or before the start of the tenancy, kept current) — S.C. Code Ann. § 27-40-420
• Statement of the standards used to calculate security deposits (Before signing, only for landlords renting more than four adjoining units who apply different deposit standards to different tenants (may be posted instead)) — S.C. Code Ann. § 27-40-410(c)
• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Unpaid rent

If rent is not paid within 5 days of the due date, you may end the lease after giving written notice of nonpayment and intent to terminate; one notice per lease term is enough, and a conspicuous clause in the lease using the statutory 'IF YOU DO NOT PAY YOUR RENT ON TIME' language satisfies it (S.C. Code Ann. § 27-40-710(B)). (S.C. Code Ann. § 27-40-710(B))

Lease violations

For a lease violation other than unpaid rent, give written notice describing the breach and that the lease ends at least 14 days after receipt unless the tenant fixes it within 14 days (S.C. Code Ann. § 27-40-710(A)). (S.C. Code Ann. § 27-40-710(A))