South Carolina Room Rental Agreement Generator

The Act applies to dwelling units across the state and covers deposits, rent, maintenance, access, and termination. Evictions proceed as applications for ejectment in magistrate court, with circuit court available for larger claims, and the tenant’s right to raise habitability defenses is built into the statute (§§ 27-40-640, 27-40-790).

South Carolina courts read the Act’s deadlines literally, and the remedies cut both ways: landlords can recover attorney’s fees for wilful tenant violations, while tenants can recover treble damages for wrongful deposit withholding. Because so much turns on notice and itemization, the written record — the lease, notices, photos, and receipts — decides most cases.

South Carolina puts no ceiling on the size of a security deposit — the amount is whatever the lease says. What the statute regulates is the return. Within 30 days after the termination of the tenancy, delivery of possession, and demand by the tenant — whichever is later — the landlord must return the deposit or provide a written notice itemizing deductions, together with the amount due (§ 27-40-410(a)).

The tenant must give the landlord a written forwarding address; if the tenant does not, the landlord who mails the notice and balance to the last known address is protected. If the landlord fails to return the deposit or prepaid rent with the required notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney’s fees (§ 27-40-410(b)) — a strong incentive to get the paperwork right.

Deductions are limited to accrued rent and damages the tenant caused by violating § 27-40-510 — in plain terms, unpaid rent and physical damage beyond ordinary wear and tear. Normal wear and tear is never deductible. The itemized notice must list each charge with its amount and reason; a vague “cleaning and repairs — $450” line will not hold up.

One rule catches landlords off guard: if a landlord rents more than four adjoining units and uses different deposit standards for different tenants, the standards must be posted or given to each applicant in writing (§ 27-40-410(c)); otherwise the difference between that tenant’s deposit and the lowest deposit charged is not subject to damage deductions. Uniform, documented standards avoid the problem entirely.

South Carolina has no rent control and no cap on increases. During a fixed term, the rent is locked; an increase applies at renewal. For a month-to-month tenancy, either party may terminate with at least 30 days’ written notice (§ 27-40-770), and that is also the mechanism landlords use to change terms like rent — so an increase on a month-to-month tenancy should come with the same 30-day written notice.

Retaliation is prohibited: a landlord may not raise rent above fair-market value, cut essential services, or bring a possession action because the tenant complained to a housing agency or to the landlord (§ 27-40-910). Landlords who retaliate face damages of up to three months’ rent or treble the actual damages, whichever is greater.

A South Carolina landlord must comply with building and housing codes affecting health and safety, keep the premises fit and habitable, maintain common areas, and supply running water, hot water, and reasonable heat (§ 27-40-440). The landlord’s duty cannot be waived in the lease.

The tenant’s remedies are written narrowly. After written notice and a 14-day cure period, a tenant may terminate the lease, sue for damages, or seek injunctive relief for a material breach (§ 27-40-610). But South Carolina explicitly does not allow repair-and-deduct: § 27-40-630(c) says no provision of the Act authorizes a tenant to make repairs and deduct the cost from rent. The one carve-out is essential services — if the landlord negligently or wilfully fails to supply water, heat, or electricity, the tenant may procure the service and deduct its actual cost (§ 27-40-630(a)(1)).

For nonpayment, the landlord may terminate when rent is unpaid and the tenant fails to pay within five days of the due date (§ 27-40-710(B)). The Act allows the lease itself to carry the notice: a conspicuous clause warning that unpaid rent triggers eviction after five days satisfies the notice requirement for the whole tenancy. Other lease breaches get a 14-day notice to cure (§ 27-40-710(A)), and certain illegal activity can justify an unconditional quit.

The landlord then files an ejectment action in magistrate court. If the tenant appears and raises defenses, the court can order rent paid into court under § 27-40-790, and a warrant of ejectment issues only after the tenant fails to show cause or pay. Tenants facing ejectment should answer within the court’s deadline and contact South Carolina Legal Services or a local tenant organization immediately.

Deposit and lease claims belong in magistrate court, where the civil jurisdictional limit is $7,500 — enough for most deposit cases including treble damages. The procedures are designed for self-represented parties, and the filing fees are modest.

Before filing, send a written demand letter citing § 27-40-410 with a deadline; most disputes settle there. Whichever side you are on, assemble the paper trail: the lease, the move-in and move-out condition records, notices, receipts, and proof of mailing. South Carolina Legal Services and Charleston Pro Bono Legal Services offer free help to qualifying tenants.