Renting Out Your Property in South Carolina: A Landlord's Guide
South Carolina landlords must navigate specific state laws governing security deposits, eviction procedures, and tenant rights when renting out property. Understanding these regulations, including the South Carolina Residential Landlord and Tenant Act, is crucial for legal compliance and avoiding costly disputes.
Failure to comply with South Carolina's landlord-tenant laws can result in legal liability, financial penalties, and difficulty removing problematic tenants. Even unintentional violations can invalidate lease terms or create grounds for tenant lawsuits.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Lead-Based Paint Disclosure Form
A federally required disclosure for properties built before 1978 that informs tenants about the potential presence of lead-based paint and associated hazards.
Rental Property Business License
A license required by many local jurisdictions to legally operate a rental property business, which may involve registration, inspections, and fee payments.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Relevant Laws
South Carolina Residential Landlord and Tenant Act
This is the primary law governing landlord-tenant relationships in South Carolina. It outlines the rights and responsibilities of both landlords and tenants, including security deposit limits (maximum of two months' rent), required disclosures, and eviction procedures. As a landlord in South Carolina, you must comply with these regulations when renting your property.
Security Deposit Requirements
South Carolina law does not specify a maximum security deposit amount, but landlords typically cannot charge more than two months' rent. You must return the security deposit within 30 days after the tenant moves out, along with an itemized list of any deductions. Failure to comply can result in the tenant being awarded up to three times the wrongfully withheld amount plus attorney's fees.
Landlord Entry and Access Rights
In South Carolina, landlords must provide at least 24 hours' notice before entering a rental property, except in emergencies. This law protects tenants' right to privacy while allowing landlords reasonable access to inspect, make repairs, or show the property to prospective tenants.
Habitability Requirements
South Carolina law requires landlords to maintain rental properties in a habitable condition. This includes complying with building and housing codes, making necessary repairs, keeping common areas clean and safe, providing garbage receptacles, and maintaining essential services like electricity, heat, and water. Failure to meet these requirements can lead to tenant remedies including rent withholding or lease termination.
Eviction Procedures
South Carolina has specific legal procedures for evicting tenants. You must provide proper written notice (typically 5 days for nonpayment of rent), file an eviction lawsuit if the tenant doesn't comply, and obtain a court order before removing a tenant. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in penalties.
Fair Housing Act
Federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. South Carolina's Fair Housing Law provides similar protections. As a landlord, you cannot discriminate against potential tenants based on these protected characteristics in advertising, tenant selection, lease terms, or property access.
Lead-Based Paint Disclosure
Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leases take effect. You must provide tenants with an EPA-approved pamphlet on lead hazards and include specific disclosure language in leases. This is crucial for protecting tenants' health and avoiding legal liability.
Regional Variances
Coastal Areas
Charleston has specific regulations for short-term rentals in historic districts. Property owners must obtain a Short-Term Rental Permit and comply with zoning ordinances. Properties in the Old and Historic District face stricter regulations, including owner-occupancy requirements and limitations on the number of rental days per year.
Myrtle Beach has distinct zoning regulations for vacation rentals. Short-term rentals are primarily allowed in tourist-oriented zones, and owners must obtain a business license and remit accommodations taxes. The city also enforces occupancy limits and parking requirements specific to rental properties.
Hilton Head requires short-term rental permits and business licenses. The island has specific noise ordinances, trash collection schedules, and parking regulations for rental properties. Many gated communities on the island have their own additional restrictions through HOA regulations.
Major Urban Areas
Columbia requires landlords to register rental properties with the city and obtain a business license. The city has a rental housing ordinance that mandates regular inspections of rental properties. Columbia also enforces specific maintenance standards that may be more stringent than state requirements.
Greenville has implemented short-term rental regulations requiring permits and business licenses. The city distinguishes between owner-occupied and non-owner-occupied rentals, with different requirements for each. Downtown areas have specific zoning restrictions that may limit rental activities.
University Towns
Clemson has specific regulations addressing student housing rentals, including occupancy limits (no more than 3 unrelated individuals in certain zones). The city requires rental property registration and has noise ordinances specifically targeting rental properties in predominantly student areas.
Rock Hill (home to Winthrop University) has rental inspection programs and occupancy limitations. The city enforces specific parking regulations in neighborhoods near the university and requires landlords to maintain properties according to enhanced standards in designated overlay districts.
Suggested Compliance Checklist
Research South Carolina Landlord-Tenant Laws
1 days after startingFamiliarize yourself with South Carolina's Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-10 to 27-40-940). This law governs landlord-tenant relationships in South Carolina and outlines rights and responsibilities for both parties. Pay special attention to security deposit limits, notice requirements, and eviction procedures.
Obtain a Rental Property Business License
7 days after startingCheck with your local municipality to determine if you need a business license to operate a rental property. Many cities and counties in South Carolina require landlords to obtain a business license. Contact your local government office or check their website for specific requirements and fees.
Draft a Residential Lease Agreement
14 days after startingCreate a comprehensive lease agreement that complies with South Carolina law. Include terms regarding rent amount, due date, late fees (which must be reasonable), security deposit amount, lease term, maintenance responsibilities, and other important provisions. South Carolina does not limit how much you can charge for rent, but the lease should clearly state all terms.
Create a Rental Application Form
14 days after startingDevelop an application form to screen potential tenants. Include sections for personal information, rental history, employment information, income verification, and authorization to conduct background and credit checks. Ensure your screening process complies with Fair Housing laws, which prohibit discrimination based on protected characteristics.
Prepare a Move-In/Move-Out Inspection Checklist
14 days after startingCreate a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help determine if any damage occurred during the tenancy and whether deductions from the security deposit are warranted. Include photographs with dates as additional documentation.
Prepare a Lead-Based Paint Disclosure Form
14 days after startingFor properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Provide tenants with an EPA-approved pamphlet on identifying and managing lead-based paint risks and keep signed acknowledgment for at least 3 years.
Create a Security Deposit Receipt
14 days after startingIn South Carolina, landlords must provide a written receipt for security deposits. The receipt should include the amount, date received, and where the deposit will be held. Note that South Carolina does not limit the amount you can charge for a security deposit, but it must be returned within 30 days after the tenant vacates the property.
Establish Landlord's Rules and Regulations
14 days after startingCreate a document outlining house rules that are not included in the lease but that tenants must follow. This may include quiet hours, guest policies, parking rules, trash disposal instructions, and maintenance of common areas. Ensure these rules are reasonable and do not contradict any terms in the lease agreement.
Prepare a Notice of Entry Form
14 days after startingCreate a form to notify tenants when you need to enter the property. South Carolina law requires landlords to provide reasonable notice before entering a rental unit (typically 24 hours is considered reasonable, though the law doesn't specify an exact timeframe). The notice should include the date, time, and purpose of entry.
Register with the South Carolina Department of Revenue
21 days after startingIf you'll be collecting rental income, you may need to register with the South Carolina Department of Revenue for tax purposes. You might be required to collect and remit sales tax on short-term rentals (less than 90 days).
Purchase Landlord Insurance
21 days after startingObtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Look for a landlord or rental dwelling policy that covers the building, liability protection, and potentially lost rental income if the property becomes uninhabitable.
Set Up Property Inspections and Maintenance Schedule
28 days after startingEstablish a regular maintenance schedule to keep the property in good condition and comply with South Carolina's implied warranty of habitability. This includes routine inspections, seasonal maintenance, and prompt response to repair requests. Document all maintenance activities and keep records of repairs.
Research Local Housing Codes and Zoning Regulations
28 days after startingCheck local housing codes, zoning laws, and homeowners association (HOA) rules that may affect your rental property. Some areas have restrictions on the number of unrelated people who can live together, parking requirements, or other regulations that could impact your rental operation.
Set Up Record-Keeping System
30 days after startingEstablish a system for maintaining all rental-related records, including lease agreements, payment records, maintenance requests, communications with tenants, and inspection reports. Good record-keeping is essential for tax purposes and in case of disputes.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research South Carolina Landlord-Tenant Laws | Familiarize yourself with South Carolina's Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-10 to 27-40-940). This law governs landlord-tenant relationships in South Carolina and outlines rights and responsibilities for both parties. Pay special attention to security deposit limits, notice requirements, and eviction procedures. | - | 1 |
| Obtain a Rental Property Business License | Check with your local municipality to determine if you need a business license to operate a rental property. Many cities and counties in South Carolina require landlords to obtain a business license. Contact your local government office or check their website for specific requirements and fees. | - | 7 |
| Draft a Residential Lease Agreement | Create a comprehensive lease agreement that complies with South Carolina law. Include terms regarding rent amount, due date, late fees (which must be reasonable), security deposit amount, lease term, maintenance responsibilities, and other important provisions. South Carolina does not limit how much you can charge for rent, but the lease should clearly state all terms. | Residential Lease Agreement | 14 |
| Create a Rental Application Form | Develop an application form to screen potential tenants. Include sections for personal information, rental history, employment information, income verification, and authorization to conduct background and credit checks. Ensure your screening process complies with Fair Housing laws, which prohibit discrimination based on protected characteristics. | Rental Application Form | 14 |
| Prepare a Move-In/Move-Out Inspection Checklist | Create a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help determine if any damage occurred during the tenancy and whether deductions from the security deposit are warranted. Include photographs with dates as additional documentation. | Move-In/Move-Out Inspection Checklist | 14 |
| Prepare a Lead-Based Paint Disclosure Form | For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Provide tenants with an EPA-approved pamphlet on identifying and managing lead-based paint risks and keep signed acknowledgment for at least 3 years. | Lead-Based Paint Disclosure Form | 14 |
| Create a Security Deposit Receipt | In South Carolina, landlords must provide a written receipt for security deposits. The receipt should include the amount, date received, and where the deposit will be held. Note that South Carolina does not limit the amount you can charge for a security deposit, but it must be returned within 30 days after the tenant vacates the property. | Security Deposit Receipt | 14 |
| Establish Landlord's Rules and Regulations | Create a document outlining house rules that are not included in the lease but that tenants must follow. This may include quiet hours, guest policies, parking rules, trash disposal instructions, and maintenance of common areas. Ensure these rules are reasonable and do not contradict any terms in the lease agreement. | Landlord's Rules and Regulations | 14 |
| Prepare a Notice of Entry Form | Create a form to notify tenants when you need to enter the property. South Carolina law requires landlords to provide reasonable notice before entering a rental unit (typically 24 hours is considered reasonable, though the law doesn't specify an exact timeframe). The notice should include the date, time, and purpose of entry. | Notice of Entry Form | 14 |
| Register with the South Carolina Department of Revenue | If you'll be collecting rental income, you may need to register with the South Carolina Department of Revenue for tax purposes. You might be required to collect and remit sales tax on short-term rentals (less than 90 days). | - | 21 |
| Purchase Landlord Insurance | Obtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Look for a landlord or rental dwelling policy that covers the building, liability protection, and potentially lost rental income if the property becomes uninhabitable. | - | 21 |
| Set Up Property Inspections and Maintenance Schedule | Establish a regular maintenance schedule to keep the property in good condition and comply with South Carolina's implied warranty of habitability. This includes routine inspections, seasonal maintenance, and prompt response to repair requests. Document all maintenance activities and keep records of repairs. | - | 28 |
| Research Local Housing Codes and Zoning Regulations | Check local housing codes, zoning laws, and homeowners association (HOA) rules that may affect your rental property. Some areas have restrictions on the number of unrelated people who can live together, parking requirements, or other regulations that could impact your rental operation. | - | 28 |
| Set Up Record-Keeping System | Establish a system for maintaining all rental-related records, including lease agreements, payment records, maintenance requests, communications with tenants, and inspection reports. Good record-keeping is essential for tax purposes and in case of disputes. | - | 30 |
Frequently Asked Questions
In South Carolina, a valid lease agreement should be in writing for any lease longer than one year (to comply with the Statute of Frauds). The lease should include: names of all parties, property description, rental amount, payment terms, lease duration, security deposit details, maintenance responsibilities, and any specific rules. While oral leases shorter than one year can be legally binding, written agreements are strongly recommended for all rental arrangements to avoid disputes.
South Carolina does not have a statutory limit on security deposit amounts, giving landlords flexibility in setting deposit amounts. However, the amount should be reasonable relative to the rent. When the lease ends, you must return the security deposit within 30 days, along with an itemized list of any deductions. If you fail to return the deposit within this timeframe, you could be liable for up to three times the amount wrongfully withheld, plus attorney's fees.
South Carolina law does not specifically mandate a notice period for landlord entry. However, best practice (and what courts generally expect) is to provide at least 24 hours' notice before entering a tenant's unit for non-emergency matters. Your lease should include a clause specifying your entry rights and notice requirements. For emergencies that threaten property or safety, immediate entry is generally permitted.
Evictions in South Carolina follow a specific legal process: (1) Provide written notice (typically 5 days for non-payment of rent, 14 days for lease violations); (2) File an eviction lawsuit (Rule to Vacate) if tenant doesn't comply; (3) Attend the court hearing; (4) If you win, obtain a Writ of Ejectment; (5) Have the sheriff execute the writ. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in penalties. The entire legal process typically takes 3-4 weeks if uncontested.
South Carolina landlords must maintain the property in compliance with building and housing codes affecting health and safety. This includes maintaining structural elements, plumbing, heating, and electrical systems in good working order. You must make all repairs necessary to keep the premises in a habitable condition. Tenants are responsible for keeping their rental unit clean and preventing damage beyond normal wear and tear. Your lease should clearly outline specific maintenance responsibilities.
South Carolina does not have a statewide rental property registration requirement. However, some municipalities have local registration or licensing requirements. For example, Columbia and Charleston have rental registration programs. Check with your local government to determine if registration is required in your specific area. Even without registration requirements, you may need a business license depending on your local ordinances.
Yes, landlords in South Carolina can prohibit pets in their rental properties. This prohibition should be clearly stated in the lease agreement. If you do allow pets, you can charge additional pet deposits or pet rent. However, you must make reasonable accommodations for service animals and emotional support animals as required by federal fair housing laws, regardless of any no-pet policy.
South Carolina has no rent control laws, allowing landlords to set and increase rent at their discretion. For month-to-month tenancies, you must provide at least 30 days' written notice before implementing a rent increase. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for it. When renewing a lease, you can increase the rent for the new term, but it's best practice to provide reasonable notice before renewal time.
South Carolina landlords must comply with both federal and state fair housing laws. The South Carolina Fair Housing Law prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status. Unlike some states, South Carolina does not add additional protected classes beyond federal requirements. Violations can result in civil penalties, damages, and attorney fees. Ensure your tenant screening process, advertisements, and rental policies don't discriminate against protected classes.
If a tenant abandons your property in South Carolina, you should document the abandonment with photos and witnesses. After confirming abandonment (extended absence, removal of belongings, non-payment of rent), you can retake possession. For the tenant's abandoned personal property, South Carolina law requires landlords to store it for 30 days and make reasonable efforts to notify the tenant. After this period, you may dispose of the property. Document all steps taken to protect yourself from potential claims.