Tenant Responsibilities

Tenants in South Carolina are expected to:

• Pay rent on time, as agreed in the lease.

• Keep the rental unit clean and safe.

• Dispose of garbage properly.

• Use fixtures and appliances in a reasonable manner.

• Not disturb neighbors or other tenants.

• Notify the landlord of any necessary repairs.

Failure to uphold these responsibilities may result in lease termination or eviction.

Landlord Responsibilities

Landlords are required to:

• Comply with applicable building and housing codes.

• Maintain the property in a habitable condition.

• Provide running water, hot water, and heat.

• Make necessary repairs in a timely manner.

• Deliver possession of the property to the tenant at the start of the lease term.

• Not retaliate against tenants who exercise their legal rights.

Neglecting these duties can lead to legal action or penalties under South Carolina landlord tenant law.

Lease Agreements Under South Carolina Law

Lease agreements in South Carolina may be written or oral, though written leases are strongly recommended for clarity and legal protection. A valid lease typically includes:

• Names of all parties

• Property address

• Rent amount and due date

• Lease term (month-to-month or fixed-term)

• Security deposit details

• Pet policies and occupancy limits

Landlords are also encouraged to include clauses on late fees, maintenance responsibilities, and early termination rules.

Tenants must receive a copy of the lease agreement upon signing. Any changes to the lease must be made in writing and signed by both parties.

Security Deposit Rules in South Carolina

Security deposits are common in South Carolina rental agreements. State law does not impose a maximum deposit amount but does regulate how deposits must be handled.

Key rules include:

• Landlords must return the security deposit within 30 days after the tenant vacates the unit.

• Deductions may only be made for unpaid rent, damage beyond normal wear and tear, or breach of lease terms.

• A written notice detailing any deductions must accompany the returned balance.

Failure to return the deposit within the legal timeframe may result in the tenant filing a lawsuit.

Eviction Procedures in South Carolina

Evictions in South Carolina must follow a legal process. Landlords cannot remove tenants without court approval.

Common Grounds for Eviction

• Nonpayment of rent

• Lease violations

• Damage to the property

• Criminal activity

• Holding over after lease termination

Eviction Process

1. Notice to Quit – Depending on the reason, landlords must provide tenants with written notice. For unpaid rent, a 5-day notice is required unless the lease waives this requirement.

2. Filing a Complaint – If the issue is unresolved, the landlord files an eviction complaint in Magistrate Court.

3. Court Hearing – Both parties can present their case. If the judge rules in favor of the landlord, a writ of ejectment is issued.

4. Eviction Enforcement – The sheriff may forcibly remove the tenant if they don’t vacate voluntarily.

Tenants can contest evictions and have the right to appeal decisions.

Dispute Resolution and Legal Support

Disputes between landlords and tenants are not uncommon. South Carolina offers several methods for resolving conflicts:

• Negotiation – Open communication between parties is often the simplest solution.

• Mediation – Local housing authorities or legal aid services may provide mediation to resolve disputes without court involvement.

• Court Action – When informal efforts fail, either party can take the matter to Magistrate Court.

Legal assistance is available through organizations like South Carolina Legal Services for tenants and landlords needing representation or advice.

 

Final Thoughts on South Carolina Landlord Tenant Law

South Carolina landlord tenant law provides a legal foundation for healthy rental relationships. By understanding lease terms, legal rights, eviction rules, and dispute resolution options, both landlords and tenants can navigate the rental process more confidently. Staying informed and adhering to the law helps prevent costly legal issues and fosters better communication between parties.