Renting in South Carolina
Your rights as a tenant in South Carolina
South Carolina law sets no maximum for the security deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in South Carolina
- Maximum deposit
- No maximum in the law
- S.C. Code §27-40-410(a)
- To return your deposit
- 30 days
- S.C. Code §27-40-410(a)
- Notice for late rent
- 5 days
- S.C. Code §27-40-710(B)
What the law says
The rules, one by one
The basic rules for renting in South Carolina, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
South Carolina law sets no maximum for the security deposit.
South Carolina law sets no maximum for the security deposit. Section 27-40-410 says how and when the deposit is returned and what the landlord may deduct, but caps no amount.
What the law says · S.C. Code §27-40-410(a)
“Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510.”
Source: South Carolina General Assembly (South Carolina Code of Laws) · Verified on November 5, 2026
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When must they return my deposit?
30 days
Within 30 days after the tenancy ends, you deliver possession and you demand it (whichever is later), the landlord must give you an itemized written notice of deductions and return the rest. Give your new address in writing. If the landlord fails, you may recover three times the amount wrongfully withheld plus attorney's fees.
What the law says · S.C. Code §27-40-410(a)
“Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later.”
Source: South Carolina General Assembly (South Carolina Code of Laws) · Verified on October 23, 2026
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If I fall behind on rent, what notice must I get?
5 days
If you do not pay rent within 5 days of the due date, the landlord may end the agreement if you were given written notice of that intent. Note: one notice covers the whole tenancy, and if your written lease contains the "IF YOU DO NOT PAY YOUR RENT ON TIME" clause, that already counts as the notice.
What the law says · S.C. Code §27-40-710(B)
“If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement.”
Source: South Carolina General Assembly (South Carolina Code of Laws) · Verified on October 23, 2026
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How much notice ends a month-to-month rental?
30 days
You or the landlord may end a month-to-month tenancy with written notice at least 30 days before the termination date stated in the notice (7 days week to week).
What the law says · S.C. Code §27-40-770(b)
“The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.”
Source: South Carolina General Assembly (South Carolina Code of Laws) · Verified on October 23, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
If the landlord unlawfully removes or excludes you, or willfully cuts essential services, you may recover possession or end the agreement and, either way, recover three months' rent or twice your actual damages, whichever is greater, plus attorney's fees.
What the law says · S.C. Code §27-40-660
“If a landlord unlawfully removes or excludes the tenant from the premises, or wilfully diminishes services to tenant by interrupting or causing interruption of essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees.”
South Carolina General Assembly (South Carolina Code of Laws)
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Protection from retaliation
Yes: state law says so
A landlord may not retaliate by raising rent above fair-market value, cutting essential services or suing for possession after you complained to a code agency about a violation affecting health and safety, or to the landlord about a violation of this law.
What the law says · S.C. Code §27-40-910(a)
“Except as provided in this section, a landlord shall not retaliate by increasing rent to an amount in excess of fair-market value or decreasing essential services or by bringing an action for possession after: (1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or (2) the tenant has complained to the landlord of a violation of this chapter.”
South Carolina General Assembly (South Carolina Code of Laws)
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Repair and deduct from the rent
No: state law does not provide it
In South Carolina you may not make repairs and deduct them from rent: the law says so expressly. If the landlord fails to provide essential services (such as water or heat), after written notice you may procure reasonable amounts of them and deduct their actual cost, or claim damages.
What the law says · S.C. Code §27-40-630(c)
“Under no circumstances should this section be interpreted to authorize the tenant to make repairs on the rental property and deduct the cost of the repairs from rent. In the event that the tenant unlawfully acts without the landlord's consent and authorizes repairs, any mechanic's lien arising therefrom shall be unenforceable.”
South Carolina General Assembly (South Carolina Code of Laws)
Eviction
How an eviction works in South Carolina
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 5-day notice for unpaid rent (or the lease clause that serves as the notice)
at least 5 days
What the law says · S.C. Code §27-37-10(B)
“For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice.”
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The magistrate issues a rule to vacate or show cause within 10 days of service
up to 10 days
What the law says · S.C. Code §27-37-20
“Upon application by the landlord or his agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten days after service of a copy of such rule upon the tenant.”
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Execution of the writ of ejectment: the officer gives you 24 hours to leave
at least 1 day
What the law says · S.C. Code §27-37-160
“In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily.”
Frequently asked questions
How much can a landlord charge for a deposit in South Carolina?
South Carolina law sets no maximum for the security deposit. Section 27-40-410 says how and when the deposit is returned and what the landlord may deduct, but caps no amount. (S.C. Code §27-40-410(a))
When must a deposit be returned in South Carolina?
Within 30 days after the tenancy ends, you deliver possession and you demand it (whichever is later), the landlord must give you an itemized written notice of deductions and return the rest. Give your new address in writing. If the landlord fails, you may recover three times the amount wrongfully withheld plus attorney's fees. (S.C. Code §27-40-410(a))
What notice is required for late rent in South Carolina?
If you do not pay rent within 5 days of the due date, the landlord may end the agreement if you were given written notice of that intent. Note: one notice covers the whole tenancy, and if your written lease contains the "IF YOU DO NOT PAY YOUR RENT ON TIME" clause, that already counts as the notice. (S.C. Code §27-40-710(B))
How much notice ends a month-to-month rental in South Carolina?
You or the landlord may end a month-to-month tenancy with written notice at least 30 days before the termination date stated in the notice (7 days week to week). (S.C. Code §27-40-770(b))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these South Carolina rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet