South Carolina Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What South Carolina law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Main statute: South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Ch. 40) (S.C. Code Ann. § 27-40-10 et seq.)

Security deposits

Max: No cap on the amount in the Residential Landlord and Tenant Act.
Return deadline days: 30 days
Itemization required: Yes

Source: S.C. Code Ann. § 27-40-410

Calculate your South Carolina deposit return deadline

Late fees

Rule: No late-fee cap in the Residential Landlord and Tenant Act; late charges count as 'rent' under the Act's definition, so they must be agreed in the rental agreement.

Source: S.C. Code Ann. § 27-40-210(11)

Check if your South Carolina late fee is legal

Landlord entry

Notice: At least 24 hours' notice and entry only at reasonable times. Exceptions: emergencies; regularly scheduled services (filters, pest treatment) 9 a.m.-6 p.m. if conspicuously written in the lease and announced before entering; tenant-requested services 8 a.m.-8 p.m. after announcing. Landlord may not abuse access or use it to harass the tenant. Tenant may not change locks without permission.

Source: S.C. Code Ann. § 27-40-530

Ending a month-to-month tenancy

Tenant: 30 days' written notice before the termination date (7 days for week-to-week)
Landlord: 30 days' written notice before the termination date (7 days for week-to-week)

Source: S.C. Code Ann. § 27-40-770(a)-(b)

Rent increases

Rule: No rent-increase notice period in the Residential Landlord and Tenant Act; increases above fair-market value can be retaliatory after a protected complaint (27-40-910).

Source: S.C. Code Ann. § 27-40-910

Repairs & habitability

Rule: Landlord must comply with building and housing codes affecting health and safety, make repairs to keep the premises fit and habitable, keep common areas safe, supply running water, reasonable hot water and heat, and keep supplied appliances and systems (electrical, plumbing, heating, A/C) in safe working order. Tenant repair agreements are allowed only in good faith (narrower rules outside single-family homes). After written notice, the tenant may terminate if a material breach is not fixed within 14 days, or for essential services buy them and deduct the cost from rent.

Source: S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630

Retaliation

Rule: Landlord may not raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code agency or to the landlord about a violation of the Act. Liability up to 3 months' rent or treble actual damages (whichever is greater) plus attorney fees. Tenant must give written notice of the defense within 10 days after service of the Rule to Vacate.

Source: S.C. Code Ann. § 27-40-910

Clauses often unenforceable in South Carolina

Waiving the tenant's rights or remedies under the Act (27-40-330(a)(1))
Confession of judgment (27-40-330(a)(2))
Limiting the landlord's liability or making the tenant indemnify the landlord for it (27-40-330(a)(3))
Excluding appliances or facilities needed for essential services from the landlord's repair duty (27-40-440(a)(5))
Receiving rent without the duty to maintain the premises (27-40-340)

Notes

Knowingly using prohibited clauses: tenant may recover actual damages plus up to the security deposit (deliberate) or up to 3 months' rent (malicious), plus attorney fees (27-40-330(b)). Wrongfully withheld deposit: 3x the amount plus attorney fees (27-40-410(b)). Bona fide liquidated-damages clauses for early termination are allowed (27-40-330(c)). Checked against scstatehouse.gov text on 2026-10-17.

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

South Carolina Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What South Carolina law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Security deposits

Max: No cap on the amount in the Residential Landlord and Tenant Act.
Return deadline days: 30 days
Itemization required: Yes

Source: S.C. Code Ann. § 27-40-410

Calculate your South Carolina deposit return deadline

Late fees

Rule: No late-fee cap in the Residential Landlord and Tenant Act; late charges count as 'rent' under the Act's definition, so they must be agreed in the rental agreement.

Source: S.C. Code Ann. § 27-40-210(11)

Check if your South Carolina late fee is legal

Landlord entry

Notice: At least 24 hours' notice and entry only at reasonable times. Exceptions: emergencies; regularly scheduled services (filters, pest treatment) 9 a.m.-6 p.m. if conspicuously written in the lease and announced before entering; tenant-requested services 8 a.m.-8 p.m. after announcing. Landlord may not abuse access or use it to harass the tenant. Tenant may not change locks without permission.

Source: S.C. Code Ann. § 27-40-530

Ending a month-to-month tenancy

Tenant: 30 days' written notice before the termination date (7 days for week-to-week)
Landlord: 30 days' written notice before the termination date (7 days for week-to-week)

Source: S.C. Code Ann. § 27-40-770(a)-(b)

Rent increases

Rule: No rent-increase notice period in the Residential Landlord and Tenant Act; increases above fair-market value can be retaliatory after a protected complaint (27-40-910).

Source: S.C. Code Ann. § 27-40-910

Repairs & habitability

Rule: Landlord must comply with building and housing codes affecting health and safety, make repairs to keep the premises fit and habitable, keep common areas safe, supply running water, reasonable hot water and heat, and keep supplied appliances and systems (electrical, plumbing, heating, A/C) in safe working order. Tenant repair agreements are allowed only in good faith (narrower rules outside single-family homes). After written notice, the tenant may terminate if a material breach is not fixed within 14 days, or for essential services buy them and deduct the cost from rent.

Source: S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630

Retaliation

Rule: Landlord may not raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code agency or to the landlord about a violation of the Act. Liability up to 3 months' rent or treble actual damages (whichever is greater) plus attorney fees. Tenant must give written notice of the defense within 10 days after service of the Rule to Vacate.

Source: S.C. Code Ann. § 27-40-910

Clauses often unenforceable in South Carolina

Waiving the tenant's rights or remedies under the Act (27-40-330(a)(1))
Confession of judgment (27-40-330(a)(2))
Limiting the landlord's liability or making the tenant indemnify the landlord for it (27-40-330(a)(3))
Excluding appliances or facilities needed for essential services from the landlord's repair duty (27-40-440(a)(5))
Receiving rent without the duty to maintain the premises (27-40-340)

Notes

Signing a lease in South Carolina?

Scan it free and see which clauses break these rules.

Scan my South Carolina lease

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.