South Carolina Rental Laws - An Overview of Landlord Tenant Rights in Hilton Head

South Carolina landlords must disclose to tenants the method they use for calculating the security deposit charges and post this information in a prominent area.

South Carolina Tenant Rights and Responsibilities

The following are some of the rights that tenants in South Carolina have. 

South Carolina tenant have the right to: 

• Continue occupying the rental premises until the landlord has followed proper eviction processes.
• Have their repair and maintenance reports addressed within 14 days of being reported.
• Be treated respectfully and fairly per the provisions of South Carolina Fair Housing laws.
• Be provided with requisite disclosures prior to signing the rental agreement.
• Terminate the lease without penalty for legally justified reasons including landlord harassment or if the rental premises becomes uninhabitable.
• Receive proper, written notice when the landlord wishes to terminate a month-to-month lease.
• Live in peace and privacy without unnecessary disruptions.
• Occupy a habitable property that meets South Carolina’s basic safety, health, building and housing codes.

South Carolina tenants also have an obligation for certain things. 

Tenant responsibilities include:

• Making timely rent payments for the rental premises in accordance with the terms of the lease or rental agreement.
• Keeping the dwelling unit clean at all times.
• Abiding by all terms of the lease including smoking policies.
• Not causing property damage to the dwelling unit through negligence or carelessness.
• Respecting their neighbors right to peace and quiet.
• Serving the landlord written notice prior to moving out of the dwelling unit or terminating the lease.

If a tenant fails to uphold these responsibilities, including if they fail to pay rent or they withhold rent, a landlord might be entitled to evict the tenant or terminate the rental agreement.

South Carolina Landlord Rights and Responsibilities

The following are some of the rights that South Carolina Code Chapter 40 gives landlords. 

South Carolina landlords have the right to:

• Enter the rental premises to conduct important responsibilities such as conducting routine inspections.

• Require tenants to pay a security deposit prior to moving in.
• Enforce all terms of the rental or lease agreement.
• Evict a tenant for violating the rental agreement or lease for reasons such as failing to pay rent on time.
• Draft a legal, written rental agreement.

Landlords responsibilities include:

• Responding to maintenance issues within 14 days after being notified about them.
• Providing South Carolina tenants with a habitable rental premises during their tenancy.
• Respecting the peace and quiet enjoyment of their tenant.
• Abiding by all terms of the lease agreement.
• Following the proper legal process when evicting a tenant.

If a landlord fails to provide essential services such as those listed above to a tenant, they might face legal consequences.

An Overview of South Carolina Landlord-Tenant Laws

Landlord Entry

As a landlord, you have a right to enter your property. A landlord may need to do so in order to carry out any of the following important responsibilities:

• Inspecting the unit for damage.
• Showing the unit to a prospective renter, buyer or lender.
• Under court orders.
• In the event of an emergency.
• If you suspect the tenant has abandoned their unit.

In addition to making your entry at reasonable hours, you must also provide your tenant with advance notice of your entry. Specifically, South Carolina law requires landlords to provide their tenants with a notice of at least 24 hours.

Habitability

According to law, landlords are responsible for providing a habitable rental to their tenants. Under the South Carolina Warranty of Habitability, a landlord must provide their tenant with the following:

• Working sanitation facilities.
• Working gas lines.
• Functioning electrical, plumbing, and lighting.
• A Working HVAC system.
• Running hot and cold water.

If a landlord fails to provide the above, their tenant may have several options to pursue under South Carolina law. This includes withholding future rental payments or resolving the issue themselves and deducting the accrued costs from future rent payments.

Housing Discrimination

As a South Carolina landlord, you have a legal responsibility to treat your tenant fairly under the state’s Fair Housing laws based on several protected classes. 

These classes include: 

• Race 
• Color 
• Religion 
• Nationality
• Disability
• Sex
• Familial status 

The South Carolina Human Rights Commission is the body tasked with upholding this law and hearing housing discrimination claims in the state.

Security Deposits

Contained in the South Carolina landlord-tenant law are certain security deposit rules. 

According to the South Carolina landlord-tenant law, a landlord must:

• Return a tenant’s security deposit, or whatever portion remains after justified deductions, within 30 days of the tenant moving out from the landlord's property.
• Only make deductions for certain legitimate reasons, such as paying to repair any damage the tenant caused that exceeds normal wear and tear.

Bottom Line

Being familiar with current South Carolina Landlord-Tenant laws is critical to your success as a landlord. However, laws are subject to change and it can be difficult to monitor legal amendments while performing your other duties as a landlord.

To ensure your property is always compliant with the law and well taken care of, reach out to AIM Real Estate Management Inc today! Our comprehensive services are sure to reduce your stress and maximize your ROI!

Disclaimer: Laws are subject to change and this blog may not be updated at the time you read it. This blog is not meant to be a substitute for professional legal advice from a qualified attorney.